UNITED    STATES    SENATOR    FROM    PENNSYLVANIA,   1789-1791. 
(FROM  THE  ORIGINAL  MINIATURE.) 


JOURNL  /OF 


ACLAY 


'  STATES  SENATOR   FROM   PENNSYLVANIA 
1789-1791 


EDITED    BY 

EDGAR   S.   MACLAY,   A.  M. 


D. 


NEW 

APPLETON 
U 


YORK 

AND  COMPANY 

90 


REPLACING 


COPYRIGHT,  1890, 
BY  D.   APPLETON  AND   COMPANY. 


Jl 


M  3 


PREFACE. 


THERE  is  a  tendency,  when  dealing  with  public  men  of  the 
past,  to  throw  a  glamour  around  their  memory,  and,  by  a  sys 
tematic  perversion  or  ignoring  of  facts,  to  lead  present  gener 
ations  to  regard  them  as  little  less  than  deities.  The  signers 
of  the  Declaration  of  Independence,  the  framers  of  our  Con 
stitution,  and  all  who  in  any  way  were  involved  in  the  incep 
tion  of  this  nation,  are  venerated  with  a  childlike  awe,  render 
ing  us  oblivious  to  the  motives  which  led  to  those  occurrences 
or  to  the  pressure  of  circumstances  which  induced  many  to  take 
the  course  they  did.  The  journal  of  William  Maclay,  begin 
ning  with  the  2-ith  of  April,  1789,  and  ending  on  the  3d  of 
March,  1791,  gives  a  graphic  description  of  the  debates,  cere 
monies,  and  social  life  of  that  important  period  of  our  na 
tional  existence.  Some  hesitancy  has  been  felt  in  giving  an 
unreserved  publication  of  this  journal  to  the  world,  owing  to 
the  severity  of  the  criticisms  made  on  prominent  personages, 
which  in  a  large  degree  serve  to  dispel  the  roseate  illusions  in 
reference  to  men  of  that  day.  It  should  be  kept  in  mind, 
however,  that  the  journal  was  strictly  private  in  its  nature, 
intended  merely  for  personal  reference,  and  that  the  thought 
of  its  publication  seems  never  to  have  entered  the  mind  of 
its  author,  else  he  undoubtedly  would  have  smoothed  over 
many  phrases  and  erased  entire  passages,  as  being  too  forcible 
for  public  expression. 

M5339I1 


iv  PREFACE. 

But  in  just  this  circumstance  lies  the  great  value  of  the 
work.  William  Maclay  wrote  every  evening  of  events  which 
took  place  during  the  day.  He  wrote  while  his  mind  was 
yet  heated  with  the  fierce  debates  in  the  Senate,  and  while 
the  scenes  were  yet  fresh  in  his  memory,  thus  transmitting 
on  paper  pictures  of  historical  events  which  are  wonderfully 
vivid.  Great  care,  therefore,  has  been  taken  to  give  the  pres 
ent  publication  word  for  word  from  the  original  manuscript, 
even  to  the  spelling  of  proper  names :  Ellsworth  being  spelled 
with  one  "  1,"  Read  as  Reed,  Beckley,  Clerk  of  the  House  of 
Representatives,  as  Buckley,  and  Carroll  as  Carrol. 

William  Maclay,  like  many  of  those  who  were  actively 
engaged  in  the  Revolution,  was  of  Scotch  descent,  his  father, 
Charles  Maclay,  having  sailed  for  America  in  1734.  The 
brothers  of  William  Maclay  were  also  active  in  the  movements 
which  led  to  the  overthrow  of  British  supremacy  in  America ; 
his  brother,  the  Hon.  John  Maclay,  being  a  member  of  that 
conference  held  in  u  Carpenters'  Hall "  which  declared  that 
"  they,  in  behalf  of  the  people  of  Pennsylvania,  were  willing  to 
concur  in  a  vote  of  Congress  declaring  the  United  Colonies  free 
and  independent  States."  John  Maclay  also  served  three  terms 
in  the  Pennsylvania  Legislature,  1790,  1792,  and  1794.  An 
other  brother  of  William  Maclay,  the  Hon.  Samuel  Maclay,  was 
chosen  Speaker  of  the  Pennsylvania  State  Senate,  of  which 
body  he  was  a  member  from  1797  to  1802,  and  resigned  in 
1802  in  order  to  serve  in  the  United  States  Senate,  where  he 
represented  Pennsylvania  from  1802  to  1809. 

William  Maclay  was  born  on  the  20th  of  July,  1737,  in 
New  Garden  Township,  Pennsylvania,  and  was  educated  in  the 
classical  school  of  the  Rev.  John  Blair.  He  studied  law,  and 
was  admitted  to  practice  at  the  York  County  bar,  April  28, 
1760.  At  the  close  of  the  French  and  Indian  War  he  visited 
England  and  had  an  interview  with  Thomas  Penn,  one  of  the 


PREFACE.  y 

proprietaries,  relative  to  the  surveys  in  the  middle  and  north 
ern  parts  of  the  province.  In  1772  he  laid  out  the  town  of 
Sunbury,  and  erected  for  himself  a  stone  house,  which  was 
standing  a  few  years  since.  He  acted  as  the  representative  of 
the  Penn  family,  and  took  a  prominent  part  in  the  so-called 
Pennamite  war.  At  the  outset  of  the  Revolution,  although 
an  officer  of  the  proprietary  Government,  he  took  an  active 
part  in  favor  of  independence,  during  which  struggle  he  held 
the  position  of  assistant  commissary.  In  1781  he  was  elected  to 
the  Assembly  of  Pennsylvania,  and  from  that  time  filled  the 
offices  of  member  of  the  Supreme  Executive  Council,  Judge 
of  the  Court  of  Common  Pleas,  deputy  surveyor,  and  was 
one  of  the  commissioners  for  carrying  into  effect  the  laws 
respecting  the  navigation  of  the  Susquehanna.  In  January, 
1789,  he  was  elected  to  the  United  States  Senate.  The  ques 
tion  as  to  who  should  hold  the  long  term  of  office  was  decided 
by  lot — William  Maclay  drawing  the  short  term,  while  Rob 
ert  Morris,  his  colleague,  drew  the  long  term. 

William  Maclay  began  to  differ  with  the  Federalists  very 
early  in  the  session.  He  did  not  approve  of  the  state  cere 
mony  attendant  upon  the  intercourse  of  the  President  with 
Congress ;  he  flatly  objected  to  the  presence  of  the  President 
in  the  Senate  while  business  was  being  transacted ;  and  boldly 
spoke  against  his  policy  in  the  immediate  presence  of  Presi 
dent  Washington.  He  was  one  of  the  foremost  in  opposing 
the  chartering  of  the  United  States  Bank,  even  at  the  sacri 
fice  of  personal  popularity,  for  the  strong  Democratic  position 
he  took  and  the  stubbornness  with  which  he  maintained  it  in 
the  face  of  overwhelming  pressure  cost  him  his  re-election,  he 
being  succeeded  by  an  ardent  Federalist. 

So  pronounced  were  the  Democratic  views  of  Will 
iam  Maclay,  and  so  boldly  and  ably  did  he  maintain  his 
position  in  the  face  of  the  opposition,  that  the  question 


vi  PREFACE. 

can  well  be  raised  if  lie,  rather  than  Thomas  Jefferson,  was 
not  the  true  founder  of  the  Democratic  party.  It  is  well 
known  that  on  the  organization  of  the  "  new  Government," 
as  it  was  then  called,  April,  1789,  Thomas  Jefferson  was  in 
France,  where  he  had  resided  since  1784,  and  that  he  did 
not  arrive  in  New  York,  then  the  seat  of  government,  until 
March,  1790,  some  eleven  months  after  the  Federal  machine 
had  been  in  operation.  And  it  was  some  time  after  he  took 
his  place  as  Secretary  of  State  that  his  influence  and  ability 
as  a  leader  of  men  were  felt  among  the  elements  composing 
the  Democratic  party.  It  was  during  these  first  months  of 
the  new  Government's  life  that  questions  seriously  affecting 
its  character,  whether  to  be  monarchical  or  republican  in  its 
forms,  were  fiercely  debated  and  decided.  It  was  then  that 
the  foundations  of  the  great  Democracy  were  laid ;  the  super 
structure  erected  by  Thomas  Jefferson  being  in  conformity 
with  the  precedents  then  and  there  irrevocably  established. 

Who,  then,  was  the  leader  of  the  opposition  to  this  strong 
monarchical  tendency  ?  The  records  of  the  First  Congress, 
unfortunately,  are  fragmentary  and  meager,  so  that  little  has 
been  known  of  the  stirring  debates  that  took  place  at  that 
time.  The  journal  of  AVilliam  Maclay,  however,  throws  a 
flood  of  light  on  this  period,  and  establishes  beyond  cavil  the 
claims  of  Pennsylvania  to  having  produced  the  father  of  the 
Democratic  party  in  the  person  of  William  Maclay. 

For  a  hundred  years  this  valuable  journal  has  been  jeal 
ously  guarded  from  public  scrutiny  by  the  descendants  of  the 
statesman.  Portions  of  it  were  privately  printed  in  1880,  and 
a  limited  edition  distributed  among  the  members  and  friends 
of  the  family.  Many  passages,  however,  were  suppressed,  as 
being  too  caustic  in  their  strictures  on  eminent  personages 
whom  we  are  accustomed  to  regard  with  the  highest  venera 
tion.  This,  however,  in  a  great  measure,  destroyed  the  com- 


PREFACE.  vjj 

plexion  of  the  context  and  the  value  of  the  work.  But,  now 
that  an  unreserved  publication  is  called  for  in  the  interest  of 
history,  it  will  be  seen  that  William  Maclay  was  foremost  in 
the  opposition  to  these  extreme  monarchical  views  of  the  Fed 
eralists,  and  that  in  combating  and  subverting  their  aspira 
tions  he  laid  the  foundation  of  the  Democratic  party. 

On  his  retirement  from  the  Senate,  "William  Maclay  re 
sided  on  his  farm,  adjoining  llarrisburg,  where  he  erected  a 
stone  mansion.  In  the  year  1Y95  he  was  elected  a  member  of 
the  Pennsylvania  House  of  Representatives,  and  was  again 
elected  in  1803.  He  was  a  presidential  elector  in  1790,  and 
from  1801  to  1803  officiated  as  one  of  the  Associate  Judges  of 
Dauphin  County.  He  died  on  the  16th  of  April,  1804,  in 
llarrisburg,  and  is  buried  in  Paxtang  churchyard. 

He  was  a  man  of  the  strictest  integrity,  positive  opinions,, 
keen  insight  into  the  underlying  motives  of  men,  and  with  in 
domitable  perseverance  and  tenacity  of  purpose  in  carrying 
out  views  once  formed.  In  personal  appearance  he  was  six 
feet  and  three  inches  in  height,  light  complexion,  while  his 
hair,  in  middle  age,  appears  to  have  been  brown,  and  was  tied 
behind  or  "  clubbed."  Mr.  Harris,  of  llarrisburg,  narrates 
that  he  "  well  remembered,  when  a  young  collegian,  during 
the  summer  vacation  he  used  to  watch-  Mr.  Maclay  wearing  a 
suit  of  white  flannel,  with  lace  ruffles,  walking  up  and  down 
the  river-bank  in  Maclay ville — as  it  was  then  called — and  he 
thought  he  had  never  seen  such  a  dignified,  majestic  old  gen 
tleman  :  while,"  he  added,  "  I  was  always  half  afraid  of  him 
— he  seemed  to  awe  me  into  insignificance." 

EDGAR  S.  MACLAY, 

NEW  YORK.  August,  1890. 


CONTENTS. 


CHAPTER  PAGE 

LIST  OF  PERSONS  REFERRED  TO  IN  THE  JOURNAL  xi 
THE  RULES  OF  PROCEEDINGS   FOR  THE  FIRST  UNITED  STATES 

SENATE xiii 

FIRST  SESSION  OF  THE   FIRST    CONGRESS. 

I. — ON  TITLES  AND  CEREMONIES 1 

II. — THE  FIRST  TARIFF  DEBATE 44 

III. — THE  JUDICIARY  BILL 85 

IV. — ON  THE  PERMANENT  RESIDENCE  OF  CONGRESS    ....  134 

SECOND  SESSION  OF  THE  FIRST  CONGRESS. 

V.— SPECULATION  IN  CERTIFICATES 173 

VI. — THE  ASSUMPTION  AND  NATURALIZATION  BILLS  ....  206 

VII. — SALARIES  AND  PENSIONS 254 

VIII. — THE  PERMANENT  RESIDENCE 277 

IX.— THE  FUNDING  BILL 296 

X.— ON  THE  RESIDENCE  OF  CONGRESS 304 

THIRD  SESSION  OF  THE  FIRST  CONGRESS. 

XI.— THE  SETTLEMENT  AND  ASSUMPTION  BILLS 317 

XII. — As  TO  RE-ELECTION     .        .        . 345 

XIII. — CENTRALIZATION  OF  POWER 363 

XIV. — RELATIONS  WITH  FRANCE,  AND  THE  EXCISE      ....  378 


LIST  OF  PERSONS  REFERRED  TO  IN  THE  JOURNAL. 


AMES,  FISHER,  Rep.,  Massachusetts. 

ASIIE,  JOHN  BAPTIST,  Rep.,  North  Caro 
lina. 

BALDWIN,  ABRAHAM,  Rep.,  Georgia. 

BARRY,  Captain,  captain  in  the  United 
States  Navy  during  the  Revolution. 

BASSETT,  RICHARD,  Senator,  Delaware.. 

BECKLEY,  JOHN,  Clerk  of  the  House  of 
Representatives. 

BENSON,  Rep.,  New  York. 

BINGHAM,  WILLIAM,  afterward  Pennsyl 
vania  State  Senator. 

BLAND,  THEODORE,  Rep.,  Virginia. 

BOUDINOT,  ELIAS,  Rep.,  New  Jersey. 

BROWN,  JOHN,  Rep.,  Virginia. 

BRYAN,  Judge,  father  of  the  abolition 
laws. 

BURKE,  EDMUND,  Rep.,  South  Carolina. 

BUTLER,  PIERCE,  Senator,  South  Carolina. 

CARROLL,  CHARLES,  Senator,  Maryland.  J 
(Note.    "Written  with  one  "  1"  in  jour 
nal.) 

CARROLL,  DAVID,  Rep.,  Maryland. 

CHEW,  President  of  the  Pennsylvania 
High  Court  of  Errors  and  Appeals, 
1790-1806. 

CLYMER,  GEORGE,  Rep.,  Pennsylvania. 

COLES,  ISAAC,  Rep.,  Virginia. 

CONTEE,  BENJAMIN,  Rep.,  Maryland. 

COXE,  TENCH,  Assistant  Secretary  of  the 
Treasury. 

DALTON,  TRISTRAM,  Senator,  Massachu 
setts. 

DELANY,  SHARPE,  Collector  of  Duties  at 
the  Port  of  Philadelphia. 

DICKENSON,  PHILEMON,  Senator,  New 
Jersey. 

ELLTCOTT,  ANDREW,  Surveyor. 

ELLSWORTH,  OLIVER,  Senator,  Connecti 
cut.  (Note.  Written  Elsworth  in  the 
journal.) 


ELMER,  JONATHAN,  Senator,  New  Jersey. 

FEW,  WILLIAM,  Senator,  Georgia. 

FINDLEY,  WILLIAM,  afterward  Congress 
man,  serving  eleven  terms. 

FITZSIMONS,  THOMAS,  Rep.,  Pennsyl 
vania. 

FLOYD,  WILLIAM,  Rep.,  New  York. 

FOSTER,  THEODORE,  Senator,  Rhode 
Island. 

GALE,  GEORGE,  Rep.,  Maryland. 

GALLATIN,  ALBERT,  afterward  United 
States  Senator. 

GERRY,  ELBRIDGE,  Rep.,  Massachusetts. 

GILES,  WILLIAM  B.,  Rep.,  Virginia. 

GILMAN,  NICHOLAS,  Rep.,  New  Hamp 
shire. 

GOODHUE,  BENJAMIN,  Rep.,  Massachu 
setts. 

GRAYSON,  WILLIAM,  Senator,  Virginia. 

GRAY,  GEORGE,  member  of  the  Consti 
tutional  Convention  of  Pennsylvania, 
1789-'90. 

GROUT,  JONATHAN,  Rep.,  Massachusetts. 

GTJNN,  JAMES,  Senator,  Georgia. 

GURNEY,  Colonel  FRANCIS,  member  of 
Pennsylvania  Legislature. 

HAMILTON,  ALEXANDER,  Secretary  of  the 
Treasury. 

HARRIS,  DAVY,  son  of  John  Harris. 

HARRIS,  JOHN,  founder  of  Harrisburg, 
and  father-in-law  to  William  Maclay. 

HARTLEY,  THOMAS,  Rep.,  Pennsylvania. 

HAWKINS,  BENJAMIN,  Senator,  North 
Carolina. 

HEISTER,  DANIEL,  Rep.,  Pennsylvania. 

HENRY,  JOHN,  Senator,  Maryland. 

HILLAGAS,  MICHAEL,  Assistant  Treasurer. 

HUGER,  DANIEL,  Rep.,  South  Carolina. 

HUMPHREYS,  Colonel. 

HUNTINGTON,  BENJAMIN,  Rep.,  Connecti- 
cut. 


Xll 


LIST  OF  PERSONS  REFERRED  TO  IN  THE  JOURNAL. 


IRWIN,  MATTHEW,  Master  of  Kolls  of 
Pennsylvania,  1790-1800. 

IZARD,  RALPH,  Senator,  South  Carolina. 

JACKSON,  JAMES,  Rep.,  Georgia. 

JEFFERSON,  THOMAS,  Secretary  of  State. 

JOHNSON,  WILLIAM  S.,  Senator,  Connect 
icut. 

JOHNSTON,  SAMUEL,  Senator,  North  Caro 
lina. 

KING,  RUFUS,  Senator,  New  York. 

KNOX,  General,  Secretary  of  War. 

LANGDON,  JOHN,  Senator,  New  Hamp 
shire. 

LAWRENCE,  JOHN,  Rep.,  New  York. 

LEAR,  TOBIAS,  Private  Secretary  to  Wash 
ington. 

LEE,  RICHARD  HENRY,  Senator,  Virginia. 

LEONARD,  GEORGE,  Rep.,  Massachusetts. 

LINN,  Chaplain  of  the  Senate. 

LIVERMORE,  SAMUEL,  Rep.,  New  Hamp 
shire. 

LIVINGSTON,  WILLIAM,  Governor  of  New 
Jersey. 

LOGAN,  GEORGE,  member  of  Pennsyl 
vania  Legislature. 

MACLAY,  WILLIAM,  Senator,  Pennsylva 
nia. 

MACPHERSON,  WILLIAM,  afterward  Naval 
Officer  of  the  Port  of  Philadelphia. 

MATTHEWS,  GEORGE,  Rep.,  Georgia. 

MADISON,  JAMES,  Jr.,  Rep.,  Virginia. 

MEREDITH,  SAMUEL,  first  Treasurer  of 
the  United  States,  1789-1801. 

MIFFLIN,  General  THOMAS,  President  of 
the  Supreme  Executive  Council  of 
Pennsylvania. 

MILES,  SAMUEL,  Mayor  of  Philadelphia, 
1790-' 91. 

MONTGOMERY,  Colonel  JOHN,  commis 
sioned  an  Associate  Judge  of  Cumber 
land  County,  Pa.,  in  1794. 

MORRIS,  ROBERT,  Senator,  Pennsylva 
nia. 

MUHLENBEKG,  F.  A.,  Rep.,  Pennsylva 
nia,  and  Speaker  of  the  House. 

MUHLENBERG,  General  PETER,  Rep., 
Pennsylvania. 

OSWALD,  ELEAZER,  editor  "  Independent 
Gazetteer." 

OTIS,  SAMUEL,  Secretary  of  the  Senate. 

PAGE,  JOHN,  Rep.,  Virginia. 

PARKER,  JOSIAH,  Rep.,  Virginia. 


PARTRIDGE,  GEORGE,  Rep.,  Massachu 
setts. 

PATERSON,  WILLIAM,  Senator,  New  Jer 
sey. 

PETIT,  chairman  of  the  Public  Creditors. 

PETERS,  RICHARD,  Speaker  of  the  Penn 
sylvania  Assembly,  1789-' 90. 

POWELL,  afterward  Speaker  of  Pennsyl 
vania  Senate. 

READ,  GEORGE,  Senator,  Delaware. 

RUSH,  Dr.  BENJAMIN,  member  of  Penn 
sylvania  Convention  which  ratified  the 
United  States  Constitution,  1787. 

RYERSON,  member  of  Pennsylvania  As 
sembly. 

SCOTT,  THOMAS,  Rep.,  Pennsylvania. 

SCHUYLER,  PHILIP,  Senator,  New  York. 

SEDGWICK,  THEODORE,  Rep.,  Massachu 
setts. 

SENEY,  JOSHUA,  Rep.,  Maryland. 

SHERMAN,  ROGER.  Rep.,  Connecticut. 

SMILIE,  JOHN,  member  of  Pennsylvania 
Legislature,  afterward  of  Congress, 
1793-'95,  1799-1813. 

SMITH,  WILLIAM,  Rep.,  Maryland. 

STANTON,  JOSEPH,  Senator,  Rhode  Isl 
and. 

STONE,  MICHAEL  J.,  Rep.,  Maryland. 

STRONG,  CALEB,  Senator,  Massachusetts. 

STURGES,  JONATHAN,  Rep.,  Connecticut. 

SYLVESTER,  PETER,  Rep.,  New  York. 

THATCHER,  GEORGE,  Rep.,  Massachu 
setts. 

THOMPSON,  CHARLES,  Secretary  of  the 
old  Congress. 

TRUMBULL,  JONATHAN,  Rep.,  Connecti 
cut. 

TRUXTUN,  Captain,  afterward  Command 
er  of  the  frigate  Constellation. 

TUCKER,  THOMAS  T.,  Rep.,  South  Caro 
lina. 

WADSWORTH,  JEREMIAH,  Rep.,  Connecti 
cut. 

WHITE,  ALEXANDER,  Rep.,  Virginia. 
i  WILLIAMSON,  HUGH,  Rep.,  North   Caro 
lina. 

|  WINGATE,  PAINE,  Senator,  New  Hamp 
shire. 
|  WYNKOOP,  HENRY,  Rep.,  Pennsylvania. 

VANDALSEN,  William  Maclay's  landlord 
while  in  New  York. 

VINIXG,  JOHN,  Rep.,  Delaware. 


THE  RULES  OF  PROCEEDINGS  FOR  THE  FIRST  UNITED 
STATES  SENATE. 

(From  the  cover  of  William  Maday's  Journal.) 

EACH  House  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two  thirds, 
expel  a  member — (Second  clause,  fifth  section,  first  article  on  the  Constitution 
of  the  United  States). 

RULE  1.  The  President  (of  the  Senate)  should  be  in  the  chair  within 
half  an  hour  of  the  time  to  which  the  Senate  stands  adjourned ;  and  the 
Senators  shall  immediately  take  their  seats  in  a  circular  order ;  those  from 
New  Hampshire  occupying  the  right  of  the  Chair  and  those  from  Georgia 
the  left. 

RULE  2.  The  minutes  of  the  preceding  day  shall  be  read  before  any 
other  business  is  entered  upon  ;  inaccuracies  or  inelegancies  may  be  cor 
rected  or  amended ;  but  no  reconsideration  as  to  matter  of  substance  shall 
take  place  on  such  reading. 

RULE  3.  Every  Senator  presenting  a  petition,  memorial,  or  other  writing, 
shall  briefly  state  the  import  of  the  same ;  and  every  such  paper  after  being 
read  shall  be  deemed  to  lie  on  the  table,  unless  the  same  is  dismissed  upon 
special  motion  for  impropriety  or  want  of  decency. 

RULE  4.  Every  motion  made  and  seconded  shall  be  repeated  from  the 
Chair  and  then  be  open  to  discussion.  The  motion,  if  verbal,  shall  be  put 
in  writing  at  the  request  of  the  President  (of  the  Senate)  or  any  two 
Senators. 

RULE  5.  Adoption,  rejection,  amendment,  commitment,  or  postponement, 
shall  be  considered  as  proper  modes  of  treating  business ;  and  in  all  cases 
(treaties,  returned  bills,  etc.,  and  the  expulsion  of  a  member,  excepted)  a 
majority  of  votes  shall  govern. 

RULE  6.  Every  Senator  when  speaking  shall  address  himself  to  the 
Chair.  No  Senator  shall  be  named  in  debate,  but  may  be  referred  to  by 
mentioning  the  State  he  represents  or  by  alluding  to  his  place  in  the 
House. 

RULE  7.  In  case  of  a  debate  becoming  tedious,  four  Senators  may  call 
for  the  question ;  or  the  same  number  may  at  any  time  move  for  the  previ 
ous  question,  viz.,  "  Shall  the  main  question  now  be  put  I " 


xiv      RULES  OF  THE  FIRST    UNITED   STATES  SENATE. 

RULE  8.  Priority  of  speaking  and  all  questions  of  order  shall  be  decided 
by  the  President  (of  the  Senate) ;  but  either  party  may  appeal  to  a  vote  of 
the  House. 

RULE  9.  The  name  of  the  Senator  making  and  of  the  one  who  seconds  a 
motion  shall  be  entered  on  the  journals  of  the  House. 

RULE  10.  No  Senator  shall  speak  more  than  twice  on  the  same  subject 
without  leave  obtained  from  the  Chair. 

RULE  11.  Inviolable  secrecy  shall  be  observed  with  respect  to  all  matters 
transacted  in  the  Senate  while  the  doors  are  shut,  or  as  often  as  the  same  is 
enjoined  from  the  Chair. 

RULE  12.  Every  member  of  a  committee  shall  attend  the  same  at  the 
time  appointed  by  the  chairman,  who  shall  be  the  Senator  of  the  most 
northerly  State  of  those  from  whom  the  committee  are  taken. 

RULE  13.  When  a  commitment  is  agreed  upon,  the  President  (of  the 
Senate)  shall  take  the  sense  of  the  Senate  as  to  the  manner  of  appointing 
the  committee,  whether  by  motion  from  the  Senators,  nomination  from  the 
Chair,  or  by  ballot ;  which  shall  take  place  accordingly. 

RULE  14.  The  files  of  the  House  shall  remain  open  for  the  inspection  of 
all  the  Senators,  etc.,  but  no  original  paper  shall  be  removed  from  the 
House  without  leave  obtained  for  that  purpose  by  the  Senate. 

RULE  15.  The  yeas  and  nays  on  any  question  shall  be  entered  on  the 
journals  at  the  desire  of  one  fifth  of  the  Senators  present. 

RULE  16.  These  rules  shall  be  engrossed  on  parchment  and  hung  up  in 
some  conspicuous  part  of  the  Senate  chamber.  And  every  Senator  who  shall 
neglect  attendance  during  a  session,  absent  himself  without  leave  or  with 
draw  for  more  than  a  quarter  of  an  hour  without  permission  after  a  quorum 
is  formed,  shall  be  guilty  of  disorderly  behavior,  and  his  name,  together  with 
the  nature  of  the  transgression,  shall  be  written  on  a  slip  of  paper  and 
annexed  to  the  bottom  of  the  rules ;  there  to  remain  until  the  Senate,  on 
his  application  or  otherwise,  shall  take  order  on  the  same. 


FIKST   SESSION 
OF  THE   FIRST   CONGRESS. 


JOURNAL    OF    WILLIAM    MACLAY. 


CHAPTER   I. 

ON    TITLES    AND    CEREMONIES. 

New  York,  %4t/i  April,  1789.— I  understood  that  it  was 
agreed  among  the  Senators  yesterday  that  they  would  meet  at 
the  Hall  this  morning  and  go  in  a  body  to  pay  their  respects 
to  General  Washington.  I  went  about  ten  o'clock  to  the  Hall, 
accordingly ;  there  was,  however,  no  person  there.  After 
staying  some  time,  Elsworth  came  in.  I  suspected  how  it 
was.  I  repeated  the  conversation  of  last  night,  and  asked  him 
whether  he  had  been  to  wait  on  the  General.  Yes,  lie  had 
been,  and  a  number  more  with  him  •  some  went  last  night 
and  some  this  morning.  What  a  perfidious  custom  it  is !  I, 
however,  whipped  down-stairs  and  joined  the  Speaker  and  a 
number  more  of  the  Pennsylvanians  who  were  collecting  for 
that  purpose.  Went,  paid  my  respects,  etc.  Mind  this,  not 
to  resent  it,  but  to  keep  myself  more  out  of  his  power.  Mr. 
Izard  had  yesterday  been  very  anxious  to  get  a  report  adopted 
respecting  the  communications  between  the  Houses.  It  was 
so,  but  now  we  hear  the  House  laughed  at  it.  Mr.  Izard 
moved  to  have  the  adoption  taken  from  the  minutes.  No, 
this  could  not  be  done. 

But  now  a  curious  scene  opened.  Mr.  Lee,  being  of  the 
Title  Committee  of  yesterday,  produced  a  copy  of  the  resolu 
tion  for  appointing  that  committee,  and  moved  that  the  House 
should  pass  a  vote  for  transmitting  it  down  to  the  Lower 
House.  This  was  truly  ridiculous  ;  but,  mind,  this  base  busi 
ness  had  been  gone  into  solely  yesterday  on  the  motion  of  our 
Yice-President. 
1 


2   SHALL  THE  SPEAKER  BE  STYLED  "HONORABLE?"  [1789 

This  was  barefaced  indeed.  But  now  Lee  wanted  to  bring 
it  on  again  when  the  President  would  not  appear  in  it.  I 
likewise  suspect  Lee's  integrity  in  this  business.  He  knowrs 
the  giving  of  titles  would  hurt  us.  I  showed  the  absurdity  of 
his  motion  plain  enough,  but  it  seems  to  me  that,  by  getting 
a  division  of  the  resolution,  I  could  perhaps  throw  out  the 
part  about  titles  altogether.  Mr.  Carrol,  of  Maryland,  showed 
he  was  against  titles.  I  wrought  it  so  far  that  I  got  a  ques 
tion  whether  we  should  throw  out  the  part  about  titles  alto 
gether.  We  lost  the  question  on  the  throwing  out  that  part. 
However,  I  could  plainly  see  that  we  had  gained  ground  with 
the  House. 

Kow  a  most  curious  question  arose.  The  Vice-President 
knew  not  how  to  direct  the  letter  to  the  Speaker.  He  called 
on  the  House  to  know  how  it  should  be  directed.  The  House 
showed  a  manifest  disinclination  to  interfere.  The  Y ice-Presi 
dent  urged,  and  ceased  not  until  a  question  was  pointedly  put 
whether  the  Speaker  should  be  styled  honorable.  It  passed  in 
the  negative,  and  from  this  omen  I  think  our  Yice-President 
may  go  and  dream  about  titles,  for  none  will  he  get, 

April  25tk,  Saturday. — Attended  the  House.  Ceremonies, 
endless  ceremonies,  the  whole  business  of  the  day.  I  did  not 
embark  warmly  this  day.  Otis,  our  Secretary,  makes  a  most 
miserable  hand  at  it.  The  grossest  mistakes  made  on  our 
minutes,  and  it  cost  us  an  hour  or  two  to  rectify  them.  I 
was  up  as  often  I  believe  as  was  necessary,  and  certainly 
threw  so  much  light  on  two  subjects  that  the  debate  ended  on 
each. 

The  Vice-President,  as  usual,  made  us  two  or  three  speeches 
from  the  Chair.  I  will  endeavor  to  recollect  one  of  them.  It 
was  on  the  reading  of  a  report  which  mentioned  that  the  Presi 
dent  should  be  received  in  the  Senate  chamber  and  proceed 
thence  to  the  House  of  Representatives  to  be  sworn  :  "  Gentle 
men,  I  do  not  know  whether  the  framers  of  the  Constitution 
had  in  view  the  two  kings  of  Sparta  or  the  two  consuls  of 
Rome  *  when  they  formed  it ;  one  to  have  all  the  power  while 

*  "  Are  we,"  Adams  observed  in  the  Senate,  "  the  two  ki-n^s  of  Sparta, 
the  two  consuls  of  Rome,  or  the  two  suffetes  of  Carthage  ?  " — J.  C.  Hamil 
ton's  History  of  the  United  States,  vol.  iii,  p.  560. 


APRIL  25]       "ARE   WE  THE  TWO  CONSULS  OF  ROME?"  3 

he  held  it,  and  the  other  to  be  nothing.  Nor  do  I  know 
whether  the  architect  that  formed  our  room  and  the  wide  chair 
in  it  (to  hold  two,  I  suppose)  had  the  Constitution  before  him. 
Gentlemen,  I  feel  great  difficulty  how  to  act.  I  am  possessed 
of  two  separate  powers  ;  the  one  in  ease  and  the  other  in  posse. 
I  am  Vice-President.  In  this  I  am  nothing,  but  I  may  be 
everything.  But  I  am  president  also  of  the  Senate.  "When 
the  President  comes  into  the  Senate,  what  shall  I  be  ?  I  can 
not  be  [president]  then.  No,  gentlemen,  I  can  not,  I  can  not. 
I  wish  gentlemen  to  think  what  I  shall  be." 

Here,  as  if  oppressed  with  a  sense  of  his  distressed  situa 
tion,  he  threw  himself  back  in  his  chair.  A  solemn  silence 
ensued.  God  forgive  me,  for  it  was  involuntary,  but  the  pro 
fane  muscles  of  my  face  were  in  tune  for  laughter  in  spite  of 
my  indisposition.  Elsworth  thumbed  over  the  sheet  Constitu 
tion  and  turned  it  for  some  time.  At  length  he  rose  and  ad 
dressed  the  Chair  with  the  utmost  gravity :  "  Mr.  President,  I 
have  looked  over  the  Constitution  (pause),  and  I  find,  sir,  it  is 
evident  and  clear,  sir,  that  wherever  the  Senate  are  to  be,  there, 
sir,  you  must  be  at  the  head  of  them.  But  further,  sir  (here 
he  looked  aghast,  as  if  some  tremendous  gulf  had  yawned  be 
fore  him),  I  shall  not  pretend  to  say." 

Thursday  next  is  appointed  for  swearing  in  the  President. 
I  am  worse  of  my  rheumatism,  but  perhaps  it  is  owing  to  the 
change  of  the  weather,  for  the  wind  is  at  the  northeast  and 
cold.  Gave  Mr.  Vandalsen  an  half  Johannes  ;  *  he  is  to  sell  it 
and  give  me  credit  for  the  amount  of  his  bill,  41s.  3d. 

%6th  April,  Sunday. — Went  out  half  after  nine  o'clock. 
Visited  Governor  St.  Clair,  General  Butler,  Delany,  McPher- 
son,  at  Elsworth's.  Called  on  Mr.  Clymer  and  Mr.  Fitz- 
simons.  Mr.  Clymer  in  the  exceptionables,  or  peevish  and 
fretting  at  everything.  I  know  not  how  it  is,  but  I  can  not 
get  into  these  men.  There  is  a  kind  of  guarded  distance  on 
their  parts  that  seems  to  preclude  sociability.  I  believe  I 
had  best  be  guarded  too.  The  very  end  of  this  visit  was  to 
try  to  concert  some  measures  with  them  for  the  removal  of 
Congress.  But  they  kept  me  off.  I  mentioned  a  favorable 

*  A  Portuguese  gold  coin,  equal  to  about  eight  dollars. 


4  SHALL  CONGRESS  ATTEND  WASHINGTON  TO  CHURCH'?  [1789 

disposition  in  some  of  the  Maryland  gentlemen  to  be  in  unison 
with  the  Pennsjlvanian  delegation.  They  seemed  not  to  credit 
me.  Mr.  O'Brien  and  Mr.  Hartly  came  in,  and  I  took  my 
leave.  Came  home,  and,  as  the  day  was  blustering  and  cold, 
stayed  all  day  in  my  room.  Wrote  some  letters.  Mr.  Wyn- 
koop  dined  out,  so  I  saw  nobody. 

^7  tli  April,  1789,  Monday. — Tried  my  knee  and  walked  a 
good  deal.  Attended  the  Hall.  We  had  prayers  this  day  by 
the  chaplain,  Dr.  Provost.  A  new  arrangement  was  reported 
from  the  Joint  Committee  of  Ceremonies.  This  is  an  endless 
business.  Lee  offered  a  motion  to  the  Chair  that  after  the 
President  was  sworn  (which  now  is  to  be  in  the  gallery  oppo 
site  the  Senate  chamber),  the  Congress  should  accompany  him 
to  Saint  Paul's  Church  and  attend  divine  service.  This  had 
been  agitated  in  Joint  Committee.  But  Lee  said  expressly  that 
they  would  not  agree  to  it.  I  opposed  it  as  an  improper  busi 
ness  after  it  had  been  in  the  hands  of  the  Joint  Committee  and 
rejected,  as  I  thought  this  a  certain  method  of  creating  a  dis 
sension  between  the  Houses.  Izard  got  up  in  great  wrath  and 
stuttered  that  the  fact  was  not  so.  He,  however,  would  say 
nothing  more.  I  made  an  effort  to  rise.  The  Vice-President 
hurried  the  question,  and  it  was  put  and  carried  by  the  church 
man.  Mr.  Carrol,  though  he  had  been  the  first  to  speak  against 
it,  yet  was  silent  on  this  vote.  This  proves  him  not  the  man 
of  firmness  which  I  once  thought  him. 

I  went  after  this  to  hear  the  debate  in  the  House  of  Repre 
sentatives.  The  duty  of  six  cents  had  been  reported  by  the 
Committee  on  Molasses.  The  partiality  of  the  New  England 
members  to  this  article  was  now  manifest.  All  from  their 
quarter  was  a  universal  cry  against  it.  Three  o'clock  came, 
and  an  adjournment  was  called  before  the  matter  was  settled. 

I  took  a  long  walk  after  dinner  with  the  Speaker  and  Gen 
eral  Muhlenberg,  and  my  knees  stood  it  very  well.  Hope  I 
shall  be  perfectly  well  in  a  few  days.  God  grant  it ! 

28th  April. — This  day  I  ought  to  note  with  some  extraor 
dinary  mark.  I  had  dressed  and  was  about  to  set  out,  when 
General  Washington,  the  greatest  man  in  the  world,  paid  me  a 
visit.  I  met  him  at  the  foot  of  the  stairs.  Mr.  Wynkoop  just 
came  in.  We  asked  him  to  take  a  seat.  He  excused  himself 


APRIL  28]    A  CRITICISM  ON  NEW  ENGLAND  CHARACTER.        5 

on  account  of  tlie  number  of  his  visits.  We  accompanied  him 
to  the  door,  lie  made  us  complaisant  bows — one  before  he 
mounted  and  the  other  as  he  went  away  on  horseback. 

Attended  at  the  Hall.  Just  nothing  at  all  done.  I,  how 
ever,  paid  my  formal  visit  to  the  Vice-President  this  morning, 
being  nearly  recovered  of  my  lameness.  Quitted  the  Hall 
about  twelve.  Called  on  Mr.  Langdon,  who  has  been  sick 
some  time.  It  began  to  rain,  and  I  came  home. 

I  may  as  wrell  minute  a  remark  here  as  anywrhere  else,  and, 
indeed,  I  wish  it  were  otherwise,  not  for  what  we  have,  but 
for  what  others  want ;  but  we  have  really  more  republican 
plainness  and  sincere  openness  of  behavior  in  Pennsylvania 
than  in  any  other  place  I  have  ever  been.  I  was  impressed 
with  a  different  opinion  until  I  have  had  full  opportunity  of 
observing  the  gentlemen  of  New  England,  and  sorry  indeed 
am  I  to  say  it,  but  no  people  in  the  Union  dwell  more  on  triv 
ial  distinctions  and  matters  of  mere  form.  They  really  seem 
to  show  a  readiness  to  stand  on  punctilio  and  ceremony.  A 
little  learning  is  a  dangerous  thing  ('tis  said).  May  not  the 
same  be  said  of  breeding?  It  is  certainly  true  that  people 
little  used  with  company  are  more  apt  to  take  offense,  and  are 
less  easy,  than  men  much  versant  in  public  life.  They  are  an 
unmixed  people  in  ~New  England,  and  used  only  to  see  neigh 
bors  like  themselves ;  and  when  once  an  error  of  behavior  has 
crept  in  among  them,  there  is  small  chance  of  its  being  cured  ; 
for,  should  they  go  abroad,  being  early  used  to  a  ceremonious 
and  reserved  behavior,  and  believing  that  good  manners  con 
sists  entirely  in  punctilios,  they  only  add  a  few  more  stiffened 
airs  to  their  deportment,  excluding  good  humor,  affability  of 
conversation,  and  accommodation  of  temper  and  sentiment  as 
qualities  too  vulgar  for  a  gentleman. 

Mr.  Strong  gave  us  this  morning  a  story  which,  with  many 
others  of  a  similar  nature  (which  I  have  heard),  places  this  in  a 
clear  point  of  light.  By  the  Constitution  of  Massachusetts  the 
Senate  have  the  right  of  communicating  bills  to  their  Lower 
House.  Some  singular  business  made  them  [the  Lower 
House]  shut  their  doors.  At  this  time  called  Samuel  Adams 
of  the  Senate  to  communicate  a  bill.  The  door-keeper  told 
him  his  orders.  Back  returned  the  enraged  Senator;  the 


, 


6  A  JEHU-LIKE  SPIRIT  IN  THE  SENATE.  [1789 

whole  Senate  took  flame  and  blazed  forth  in  furious  memo 
rial  against  the  Lower  House  for  breach  of  privilege.  A 
violent  contest  ensued,  and  the  whole  State  was  convulsed 
litigation. 

April. — Attended  the  Hall  this  day.  A  bill  was  read 
the  second  time  respecting  the  administering  the  oath  for  the 
support  of  the  new  Government.  A  diversity  of  opinion  arose 
whether  the  law  should  be  extended  so  as  to  oblige  the  officers 

o 

of  the  State  governments  to  take  the  oaths.  The  power  of 
Congress  to  do  this  was  asserted  by  some  and  derided  by  others 
in  pointed  terms.  I  did  not  enter  into  the  merits  of  either 
side,  but  before  the  question  was  put  gave  my  opinion  that  the 
first  step  toward  doing  good  was  to  be  sure  of  doing  no  harm. 
Gentlemen  had  been  very  pointed  for  and  against  this  power ; 
if  we  divided  here,  what  must  we  expect  the  people  out  of 
doors  to  be  ?  That  in  the  exercise  of  the  powers  given  us  by 
Congress  we  should  deal  in  no  uncertainties ;  that  while  we 
had  the  Constitution  plainly  before  us  all  was  safe  and  certain, 
but  if  we  took  on  us  to  deal  in  doubtful  matters  we  trod  on 
hollow  ground,  and  might  be  charged  with  an  assumption  of 
powers  not  delegated.  I  therefore  on  this  ground  was  against 
the  commitment,  and  with  it  closed  the  business  of  the  day. 
The  bill,  however,  was  committed. 

I  have  observed  ever  since  we  began  to  do  business  that  a 
Jehu-like  spirit  has  prevailed  with  a  number  of  gentlemen, 
and  with  none  more  than  with  the  member  from  the  Ancient 
Dominion,  who  is  said  to  be  a  notorious  anti-Federalist  (a  most 
expensive  and  enormous  machine  of  a  Federal  Judiciary,  pomp 
ous  titles,  strong  efforts  after  religious  distinctions,  coercive 
laws  for  taking  the  oaths,  etc.).  I  have  uniformly  opposed,  as 
far  as  I  was  able,  everything  of  this  kind,  and  I  believe  have 
sacrificed  every  chance  of  being  popular  and  every  grain  of 
influence  in  the  Senate  by  so  doing.  But  be  it  so.  I  have  the 
testimony  of  my  own  conscience  that  I  am  right.  High-hand 
ed  measures  are  at  no  time  justifiable,  but  now  they  are  highly 
impolitic.  Never  will  I  consent  to  straining  the  Constitution, 
nor  never  will  I  consent  to  the  exercise  of  a  doubtful  power. 
We  come  here  the  servants,  not  the  lords,  of  our  constituents. 
The  new  Government,  instead  of  being  a  powerful  machine 


APRIL  30]    THE  HOUSE  OF  LORDS  BROUGHT  BEFORE  US.          7 

whose  authority  would  support  any  measure,  needs  helps  and 
props  on  all  sides,  and  must  be  supported  by  the  ablest  names 
and  the  most  shining  characters  which  we  can  select.  The 
President's  amiable  deportment,  however,  smooths  and  sweet 
ens  everything.  Charles  Thompson  has,  however,  been  ill 
used  by  the  Committee  of  Arrangements  of  the  ceremonial. 
This  is  wrong.  His  name  has  been  left  out  of  the  arrange 
ments  for  to-morrow. 

30th  April,  Thursday. — This  is  a  great,  important  day. 
Goddess  of  etiquette,  assist  me  while  I  describe  it.  The  Sen 
ate  stood  adjourned  to  half  after  eleven  o'clock.  About  ten 
dressed  in  my  best  clothes ;  went  for  Mr.  Morris'  lodgings, 
but  met  his  son,  who  told  me  that  his  father  would  not  be  in 
town  until  Saturday.  Turned  into  the  Hall.  The  crowd 
already  great.  -  The  Senate  met.  The  Vice-President  rose  in 
the  most  solemn  manner.  This  son  of  Adam  seemed  im 
pressed  with  deeper  gravity,  yet  what  shall  I  think  of  him? 
He  often,  in  the  midst  of  his  most  important  airs — I  believe 
when  he  is  at  loss  for  expressions  (and  this  he  often  is,  wrapped 
up,  I  suppose,  in  the  contemplation  of  his  own  importance) — 
suffers  an  unmeaning  kind  of  vacant  laugh  to  escape  him. 
This  was  the  case  to-day,  and  really  to  me  bore  the  air  of  ridi 
culing  the  farce  he  was  acting.  "  Gentlemen,  I  wish  for  the 
direction  of  the  Senate.  The  President  will,  I  suppose,  ad 
dress  the  Congress.  How  shall  I  behave  ?  How  shall  we  re 
ceive  it  ?  Shall  it  be  standing  or  sitting  ?" 

Here  followed  a  considerable  deal  of  talk  from  him  which 
I  could  make  nothing  of.  Mr.  Lee  began  with  the  House  of 
Commons  (as  is  usual  with  him),  then  the  House  of  Lords,  then 
the  King,  and  then  back  again.  The  result  of  his  information 
was,  that  the  Lords  sat  and  the  Commons  stood  on  the  delivery 
of  the  King's  speech.  Mr.  Izard  got  up  and  told  how  often  he 
had  been  in  the  Houses  of  Parliament.  He  said  a  great  deal 
of  what  he  had  seen  there.  [He]  made,  however,  this  saga 
cious  discovery,  that  the  Commons  stood  because  they  had  no 
seats  to  sit  on,  being  arrived  at  the  bar  of  the  House  of  Lords. 
It  was  discovered  after  some  time  that  the  King  sat,  too,  and 
had  his  robes  and  crown  on. 

Mr.  Adams  got  up  again  and  said  he  had  been  very  often 


8  THE  REPRESENTATIVES  ENTER  THE  SENATE.       [1789 

indeed  at  the  Parliament  on  those  occasions,  but  there  always 
was  such  a  crowd,  and  ladies  along,  that  for  his  part  he  could 
not  say  how  it  was.  Mr.  Carrol  got  up  to  declare  that  he 
thought  it  of  no  consequence  how  it  was  in  Great  Britain ; 
they  were  no  rule  to  us,  etc.  But  all  at  once  the  Secretary, 
who  had  been  out,  whispered  to  the  Chair  that  the  Clerk  from 
the  Representatives  was  at  the  door  with  a  communication. 
Gentlemen  of  the  Senate,  how  shall  he  be  received  ?  A  silly 
kind  of  resolution  of  the  committee  on  that  business  had  been 
laid  on  the  table  some  days  ago.  The  amount  of  it  was  that 
each  House  should  communicate  to  the  other  what  and  how 
they  chose ;  it  concluded,  however,  something  in  this  way : 
That  everything  should  be  done  with  all  the  propriety  that 
TKSS  proper.  The  question  was,  Shall  this  be  adopted,  that  we 
may  know  how  to  receive  the  Clerk  ?  It  was  objected  [that] 
this  will  throw  no  light  on  the  subject ;  it  will  leave  you  where 
you  are.  Mr.  Lee  brought  the  House  of  Commons  before  us 
again.  He  reprobated  the  rule  ;  declared  that  the  Clerk  should 
not  come  within  the  bar  of  the  House ;  that  the  proper  mode 
was  for  the  Sergeant-at-Arms,  with  the  rnace  on  his  shoulder, 
to  meet  the  Clerk  at  the  door  and  receive  his  communication ; 
we  are  not,  however,  provided  for  this  ceremonious  way  of 
doing  business,  having  neither  mace  nor  sergeant  nor  Masters 
in  Chancery,  who  carry  down  bills  from  the  English  Lords. 

Mr.  Izard  got  up  and  labored  unintelligibly  to  show  the 
great  distinction  between  a  communication  and  a  delivery  of  a 
thing,  but  he  was  not  minded.  Mr.  Elsworth  showed  plainly 
enough  that  if  the  Clerk  was  not  permitted  to  deliver  the  com 
munication,  the  Speaker  might  as  well  send  it  inclosed.  Re 
peated  accounts  came  [that]  the  Speaker  and  Representatives 
were  at  the  door.  Confusion  ensued  ;  the  members  left  their 
seats.  Mr.  Read  rose  and  called  the  attention  of  the  Senate  to 
the  neglect  that  had  been  shown  Mr.  Thompson,  late  Secretary. 
Mr.  Lee  rose  to  answer  him,  but  I  could  not  hear  one  word  he 
said.  The  Speaker  was  introduced,  followed  by  the  Repre 
sentatives.  Here  we  sat  an  hour  and  ten  minutes  before  the 
President  arrived — this  delay  was  owing  to  Lee,  Izard,  and 
Dalton,  who  had  stayed  with  us  while  the  Speaker  came  in, 
instead  of  going  to  attend  the  President.  The  President  ad- 


APRIL  30]         WASHINGTON  ADDRESSES  CONGRESS.  9 

vanced  between  the  Senate  and  Representatives,  bowing  to 
each.  He  was  placed  in  the  chair  by  the  Yice-President ;  the 
Senate  with  their  president  on  the  right,  the  Speaker  and  the 
Representatives  on  his  left.  The  Vice-President  rose  and  ad 
dressed  a  short  sentence  to.  him.  The  import  of  it  was  that 
he  should  now  take  the  oath  of  office  as  President.  He  seemed 
to  have  forgot  half  what  he  was  to  say,  for  he  made  a  dead 
pause  and  stood  for  some  time,  to  appearance,  in  a  vacant 
mood.  He  finished  with  a  formal  bow,  and  the  President  was 
conducted  out  of  the  middle  window  into  the  gallery,  and  the 
oath  was  administered  by  the  Chancellor.  Notice  that  the 
business  done  was  communicated  to  the  crowd  by  proclama 
tion,  etc.,  who  gave  three  cheers,  and  repeated  it  on  the  Presi 
dent's  bowing  to  them. 

As  the  company  returned  into  the  Senate  chamber,  the 
President  took  the  chair  and  the  Senators  and  Representatives 
their  seats.  He  rose,  and  all  arose  also,  and  addressed  them 
(see  the  address).  This  great  man  was  agitated  and  embar 
rassed  more  than  ever  he  was  by  the  leveled  cannon  or  pointed 
musket.  He  trembled,  and  several  times  could  scarce  make 
out  to  read,  though  it  must  be  supposed  he  had  often  read  it 
before.  He  put  part  of  the  fingers  of  his  left  hand  into  the 
side  of  what  I  think  the  tailors  call  the  fall  of  the  breeches 
[corresponding  to  the  modern  side-pocket],  changing  the  paper 
into  his  left  [right]  hand.  After  some  time  he  then  did  the  same 
with  some  of  the  fingers  of  his  right  hand.  When  he  came  to 
the  words  all  the  world,  he  made  a  flourish  with  his  right 
hand,  which  left  rather  an  ungainly  impression.  I  sincerely, 
for  my  part,  wished  all  set  ceremony  in  the  hands  of  the  danc 
ing-masters,  and  that  this  first  of  men  had  read  off  his  address 
in  the  plainest  manner,  without  ever  taking  his  eyes  from  the 
paper,  for  I  felt  hurt  that  he  was  not  first  in  everything.  He 
was  dressed  in  deep  brown,  with  metal  buttons,  with  an  eagle 
on  them,  white  stockings,  a  bag,  and  sword. 

From  the  hall  there  was  a  grand  procession  to  Saint  Paul's 
Church,  where  prayers  were  said  by  the  Bishop.  The  proces 
sion  was  well  conducted  and  without  accident,  as  far  as  I  have 
heard.  The  militia  were  all  under  arms,  lined  the  street  near 
the  church,  made  a  good  figure,  and  behaved  well. 


10  "HIS  MOST  GRACIOUS  SPEECH."  [1789 

The  Senate  returned  to  their  chamber  after  service,  formed, 
and  took  up  the  address.  Our  Yice-President  called  it  his 
most  gracious  speech.  I  can  not  approve  of  this.  A  commit 
tee  was  appointed  on  it — Johnson,  Carrol,  Patterson.  Ad 
journed.  In  the  evening  there  were  grand  fireworks.  The 
Spanish  Ambassador's  house  was  adorned  with  transparent 
paintings ;  the  French  Minister's  house  was  illuminated,  and 
had  some  transparent  pieces;  the  Hall  was  grandly  illumi 
nated,  and  after  all  this  the  people  went  to  bed. 

May  1st. — Attended  at  the  Hall  at  eleven.  The  prayers 
were  over  and  the  minutes  reading.  When  we  came  to  the 
minute  of  the  speech  it  stood,  His  most  gracious  speech.  I 
looked  all  around  the  Senate.  Every  countenance  seemed  to 
wear  a  blank.  The  Secretary  was  going  on :  I  must  speak  or 
nobody  would.  "  Mr.  President,  we  have  lately  had  a  hard 
struggle  for  our  liberty  against  kingly  authority.  The  minds 
of  men  are  still  heated :  everything  related  to  that  species  of 
government  is  odious  to  the  people.  The  words  prefixed  to 
the  President's  speech  are  the  same  that  are  usually  placed  be 
fore  the  speech  of  his  Britannic  Majesty.  I  know  they  will 
give  offense.  I  consider  them  as  improper.  I  therefore 
move  that  they  be  struck  out,  and  that  it  stand  simply  address 
or  speech,  as  may  be  judged  most  suitable." 

Mr.  Adams  rose  in  his  chair  and  expressed  the  greatest 
surprise  that  anything  should  be  objected  to  on  account  of  its 
being  taken  from  the  practice  of  that  Government  under  which 
we  had  lived  so  long  and  happily  formerly ;  that  he  was  for  a 
dignified  and  respectable  government,  and  as  far  as  he  knew 
the  sentiments  of  people  they  thought  as  he  did  ;  that  for  his 
part  he  was  one  of  the  first  in  the  late  contest  [the  Revolution], 
and,  if  lie  could  have  thought  of  this,  he  never  would  have 
drawn  his  sword. 

Painful  as  it  was,  I  had  to  contend  with  the  Chair.  I  ad 
mitted  that  the  people  of  the  colonies  (now  States)  had  enjoyed 
formerly  great  happiness  under  that  species  of  government, 
but  the  abuses  of  that  Government  under  which  they  had 
smarted  had  taught  them  what  they  had  to  fear  from  that  kind 
of  government ;  that  there  had  been  a  revolution  in  the  senti 
ments  of  people  respecting  government  equally  great  as  that 


MAY!]  WILLIAM  MACLAY  OBJECTS  TO  ROYAL  FORMS.        H 

which  had  happened  in  the  Government  itself ;  that  even  the 
modes  of  it  were  now  abhorred ;  that  the  enemies  of  the  Con 
stitution  had  objected  to  it  the  facility  there  would  be  of  tran 
sition  from  it  to  kingly  government  and  all  the  trappings  and 
splendor  of  royalty ;  that  if  such  a  thing  as  this  appeared  on 
our  minutes,  they  would  not  fail  to  represent  it  as  the  first  step 
of  the  ladder  in  the  ascent  to  royalty.  The  Yice-President 
rose  a  second  time,  and  declared  that  he  had  mentioned  it  to 
the  Secretary ;  that  he  could  not  possibly  conceive  that  any 
person  could  take  offense  at  it.  I  had  to  get  up  again  and  de 
clare  that,  although  I  knew  of  it  being  mentioned  from  the 
Chair,  yet  my  opposition  did  not  proceed  from  any  motive  of 
contempt ;  that,  although  it  was  a  painful  task,  it  was  solely  a 
sense  of  duty  that  raised  me. 

The  Yice-President  stood  during  this  time ;  said  he  had 
been  long  abroad,  and  did  not  know  how  the  temper  of  people 
might  be  now.  Up  now  rose  Mr.  Read,  and  declared  for  the 
paragraph.  He  saw  no  reason  to  object  to  it  because  the  Brit 
ish  speeches  were  styled  most  gracious.  If  we  chose  to  object 
to  words  because  they  had  been  used  in  the  same  sense  in 
Britain,  we  should  soon  be  at  a  loss  to  do  business.  I  had  to 
reply.  "  It-  is  time  enough  to  submit  to  necessity  when  it  ex 
ists.  At  present  we  are  at  no  loss  for  words.  The  words 
speech  or  address  without  any  addition  will  suit  us  well 
enough."  The  first  time  I  was  up  Mr.  Lee  followed  me 
with  a  word  or  two  by  way  of  seconding  me ;  but  when  the 
Vice-President,  on  being  last  up,  declared  that  he  was  the 
person  from  whom  the  words  were  taken,  Mr.  Lee  got  up 
and  informed  the  Chair  that  he  did  not  know  that  circum 
stance,  as  he  had  been  absent  when  it  happened.  The  ques 
tion  was  put  and  carried  for  erasing  the  words  without  a 
division. 

After  the  House  adjourned  the  Yice-President  took  me  to 
one  side,  declared  how  much  he  was  for  an  efficient  Govern 
ment,  how  much  he  respected  General  Washington,  and  much 
of  that  kind.  I  told  him  I  would  yield  to  no  person  in  respect 
to  General  Washington ;  that  our  common  friends  would  per 
haps  one  day  inform  him  that  I  was  not  wanting  in  respect  to 
himself  [Adams] ;  that  my  wishes  for  an  efficient  Government 


12  A  NEW  MONARCHY  FOR  AMERICA.  [1789 

were  as  high  as  any  man's,  and  begged  him  to  believe  that  I 
did  myself  great  violence  when  I  opposed  him  in  the  chair, 
and  nothing  but  a  sense  of  duty  could  force  me  to  it.  He  got 
on  the  subject  of  checks  to  government  and  the  balances  of 
power.  His  tale  was  long.  He  seemed  to  expect  some  an 
swer.  I  caught  at  the  last  word,  and  said  undoubtedly  with 
out  a  balance  there  could  be  no  equilibrium,  and  so  left  him 
hanging  in  geometry. 

The  unequivocal  declaration  that  he  would  never  have 
drawn  his  sword,  etc.,  has  drawn  my  mind  to  the  following 
remarks  :  That  the  motives  of  the  actors  in  the  late  Revolution 
were  various  can  not  be  doubted.  The  abolishing  of  royalty, 
the  extinguishment  of  patronage  and  dependencies  attached  to 
that  form  of  government,  were  the  exalted  motives  of  many 
revolutionists,  and  these  were  the  improvements  meant  by 
them  to  be  made  of  the  war  which  was  forced  on  us  by  British 
aggression — in  fine,  the  amelioration  of  government  and  bet 
tering  the  condition  of  mankind.  These  ends  and  none  other 
were  publicly  avowed,  and  all  our  constitutions  and  public 
acts  were  formed  in  tins  spirit.  Yet  there  were  not  wanting 
a  party  whose  motives  w^ere  different.  They  wished  for  the 
loaves  and  fishes  of  government,  and  cared  for  nothing  else 
but  a  translation  of  the  diadem  and  scepter  from  London  to 
Boston,  New  York,  or  Philadelphia ;  or,  in  other  words,  the 
creation  of  a  new  monarchy  in  America,  and  to  form  niches 
for  themselves  in  the  temple  of  royalty. 

This  spirit  manifested  itself  strongly  among  the  officers  at 
the  close  of  the  war,  and  I  have  been  afraid  the  army  would 
not  have  been  disbanded  if  the  common  soldiers  could  have 
been  kept  together.  This  spirit  they  developed  in  the  Order 
of  Cincinnati,  where  I  trust  it  will  spend  itself  in  a  harmless 
flame  and  soon  become  extinguished.  That  Mr.  Adams  should, 
ho\vever,  so  unequivocally  avow  this  motive,  at  a  time  when  a 
republican  form  of  government  is  secured  to  every  State  in 
the  Union,  appears  to  me  a  mark  of  extreme  folly.* 

Mem.,  1790. — It  is  worthy  of  remark  that  about  this  time 
a  spirit  of  reformation  broke  out  in  France  which  finally  abol- 

*  "  John  Adams  was  included  by  Jefferson  among  the  believers  in  mon 
archy." — Randall's  Life  of  Jefferson,  vol.  i,  p.  586. 


MAY!]  "DID  THE  VICE-PRESIDENT  CALL?"  13 

ished  all  titles  and  every  trace  of  tlie  feudal  system.  Strange, 
indeed,  that  in  that  very  country  [America],  where  the  flame 
of  freedom  had  been  kindled,  an  attempt  should  be  made  to 
introduce  these  absurdities  and  humiliating  distinctions  which 
the  hand  of  reason,  aided  by  our  example,  was  prostrating  in 
the  heart  of  Europe.  I,  however,  will  endeavor  (as  I  have 
hitherto  done)  to  use  the  resentment  of  the  Representatives  to 
defeat  Mr.  Adams  and  others  on  the  subject  of  titles.  The 
pompous  and  lordly  distinctions  which  the  Senate  have  mani 
fested  a  disposition  to  establish  between  the  two  Houses  have 
nettled  the  Representatives,  and  this  business  of  titles  may  be 
considered  as  part  of  the  same  tune.  While  we  are  debating 
on  titles  I  will,  through  the  Speaker,  Mr.  Muhlenberg,  and 
other  friends,  get  the  idea  suggested  of  answering  the  Presi 
dent's  address  without  any  title,  in  contempt  of  our  delibera 
tions,  which  still  continue  on  that  subject.  This  once  effected, 
will  confound  them  [the  Senators]  completely,  and  establish  a 
precedent  they  will  not  dare  to  violate. 

Let  me  not  remember  it  to  his  disadvantage,  but  on  Thurs 
day,  soon  after  I  came  to  the  Hall,  the  Yice-President  stepped 
up  to  me  ;  said  he  had  called  at  my  lodgings,  but  found  I 
was  abroad.  I  thanked  him  for  the  honor  he  did  me,  and 
expressed  my  sorrow,  in  the  usual  way,  for  being  abroad.  I 
was,  however,  a  little  surprised,  considering  the  hurry  of  the 
day,  and  more  especially  as  I  had  but  just  left  home.  At  night 
I  asked  Yandalsen  whether  any  cards  had  been  left  for  me. 
"  Xo."  "  Did  anybody  call  ?"  '  "  Xobody."  "  Are  you  sure 
the  Yice-President  did  not?"  " I  am  very  sure.  I  know  Mr. 
Adams,  the  Yice-President,  as  well  as  I  know  any  man.  I 
have  been  at  home  the  whole  day ;  he  did  not  call."  From 
the  drift  of  dust  and  feathers  one  finds  how  the  wind  blows. 
I  did  not  minute  this  on  Thursday,  thinking  that  perhaps  some 
mistake  had  happened  which  would  explain  itself.  Perhaps  it 
may  still  do  so. 

The  President's  speech  is  now  in  the  hands  of  every  one, 
and  is  received  with  merited  applause.  A  thought  as  to  the 
composition  of  it.  But  first  I  will  lay  down  my  own  rules  for 
judging  in  cases  of  this  kind.  When  every  word  conveys  an 
idea  and  sentiment  follows  expression,  the  composition  is  good  ; 


14          SENATORS  DISCUSS  THE  "GRACIOUS"  AFFAIR.      [1789 

but  when  the  words  and  expressions  are  so  happily  arranged 
that  every  corresponding  idea  and  sentiment  brings  a  kindred 
group  in  its  train,  the  composition  rises  to  excellent,  grand, 
sublime.  !Srow  for  the  sinking  scale.  When  ideas  follow 
slowly,  with  difficulty,  or  not  at  all,  the  composition  may  be 
termed  heavy,  dull,  stupid.  I  will  read  it  again,  but  I  declare 
I  am  inclined  to  place  it  under  the  heavy  head. 

May  3d. — Attended  Senate.  This  a  day  of  no  business  what 
ever.  Langdon  came  and  shook  hands  very  heartily  with  me. 
Some  of  the  other  New  England  men  [were]  shy.  Patterson 
only  was  at  the  Senate  chamber  before  me.  He  passed  censure 
on  the  conduct  of  the  Yice-President,  said  he  made  himself  too 
busy.  He  hinted  as  if  some  of  the  Senate  would  have  taken 
notice  of  the  gracious  affair  if  I  had  not.  I  told  him  I  was  no 
courtier  and  had  no  occasion  to  trim,  but  said  it  was  a  most 
disagreeable  thing  to  contend  with  the  Chair,  and  I  had  alone 
held  that  disagreeable  post  more  than  once.  After  Senate  ad 
journed,  I  saw  the  Vice-President  standing  disengaged.  I 
stepped  up  to  him,  asked  for  his  health,  and  fell  into  common 
place  chat.  He  is  not  well  furnished  with  small  talk  more 
than  myself,  and  has  a  very  silly  kind  of  laugh.  I  have  often 
looked  with  the  utmost  attention  at  him  to  see  if  his  aspect, 
air,  etc.,  could  inspire  me  with  an  opinion  of  his  being  a  man 
of  genius ;  but  it  was  like  repeating  "  Tristam,  tristam."  No  ; 
the  thing  seems  impossible.  It  is  a  silly  opinion  of  mine,  but 
I  can  not  get  rid  of  it,  that  every  man,  like  a  labeled  bottle, 
has  his  contents  marked  on  his  visage. 

May  3d,  Sunday. — I  did  not  feel  very  well  this  day.  De 
termined  to  try  the  warm  bath.  Went  and  bespoke  it  to  be 
ready  at  eleven.  Went ;  continued  in  the  water  near  half  an 
hour.  Had  a  most  profuse  sweat,  but  found  a  little  of  a  head 
ache.  I  wet  my  head  as  well  as  the  rest  of  me.  I  can  recol 
lect  that  bathing  or  swimming  used  to  give  rne  the  headache : 
will  see  how  it  will  affect  me.  This  day  the  first  that  seems 
genial  and  warm.  It  is  now  four  o'clock,  and  I  will  take  a 
walk. 

In  my  walk  I  fell  in  with  Mr.  Sturges,  Mr.  Wyngate,  and 
Mr.  Goodhue.  We  took  a  circuit  on  the  island  and  came  into 
town.  On  the  way  we  talked  of  the  permanent  residence. 


MAY  4]          WASHINGTON  INSTITUTES  LEVEE  DAYS.  15 

They  all  allowed  that  New  York  was  not  the  place.  One  of 
them  said  it  ought  to  be  in  Pennsylvania.  I  said  little,  but 
remarked  that,  although  we  could  be  better  accommodated  in 
Philadelphia,  I  thought  we  should  think  of  the  permanent  resi 
dence  where  houses  should  be  built  for  the  members  from  each 
State,  when  they  would  not  be  degraded  to  the  humiliating 
necessity  of  begging  for  lodgings  from  house  to  house.  I, 
however,  remarked  coolly  that  Virginia  offered  a  quiescence 
in  this  plan,  expecting  the  Pennsylvanians  would  be  fretted 
into  an  acceptance  of  their  measure  for  the  Potomac ;  that  the 
Potomac  was  convenient  for  a  great  part  of  Pennsylvania; 
that,  by  our  joining  votes  to  those  of  Virginia  and  Maryland 
and  the  more  southerly  States,  we  could  go  to  the  Potomac 
any  time.  One  of  them  remarked  that  in  Senate  the  numer 
ous  votes  of  Virginia  would  not  avail.  I  did  not  get  time  to 
answer,  for  another  replied  that  we  had  numbers  on  our  side 
in  the  Senate  also.  They  asked  me  to  go  to  their  lodgings  to 
drink  tea.  I  did  so.  There  we  found  Mr.  Thatcher  and  Mr. 
Grout.  I  sat  a  good  while.  Mr.  Thatcher  talked  most,  but  a 
good  deal  wildly.  There  was  a  good  deal  said  about  the  differ 
ent  new  countries.  I  recommended  the  Genesee  and  the  heads 
of  the  Susquehanna,  I  really  think  deservedly.  I,  however, 
had  no  objections  to  drawing  their  attention  to  the  Susque 
hanna. 

Jfth  May,  Monday. — Went  pretty  early  to  the  post-office 
to  deliver  letters.  As  I  came  back,  met  General  St.  Clair.  He 
seemed  desirous  of  speaking  with  me ;  said  he  had  been  at  my 
lodgings,  and  asked  me  what  I  thought  of  the  President's  new 
arrangements.  It  was  the  first  I  had  heard  of  them.  The 
President  is  neither  to  entertain  nor  receive  invitations.  He 
is  to  have  levee  days  on  Tuesdays  and  Fridays,  when  only  he 
is  to  be  seen.  I  told  the  General  that  General  Washington 
stood  on  as  difficult  ground  as  he  ever  had  done  in  his  life : 
that  to  suffer  himself  to  be  run  down,  on  the  one  hand,  by  a 
crowd  of  visitants  so  as  to  engross  his  time,  would  never  do,  as 
'  it  would  render  the  doing  of  business  impracticable ;  but,  on 
the  other  hand,  for  him  to  be  seen  only  in  public  on  stated 
times,  like  an  Eastern  Lama,  would  be  equally  offensive.  If 
he  was  not  to  be  seen  but  in  public,  where  nothing  confidential 


16         DIGNITY  AND  PRE-EMINENCE  OF  THE  SENATE.     [1789 

could  pass  between  him  and  any  individual,  the  business  would, 
to  all  appearance,  be  done  without  him,  and  he  could  not 
escape  the  charge  of  favoritism.  All  court  would  be  paid  to 
the  supposed  favorite ;  weakness  and  insignificance  would  be 
considered  as  characteristic  of  the  President,  and  he  would 
not  escape  contempt ;  that  it  was  not  thus  the  General  gained 
the  universal  plaudits  of  his  admiring  fellow-citizens.  I  reit 
erated  these  ideas  in  every  shape  and  in  every  different  light  I 
could  place  them  for  near  half  an  hour  that/we  walked  in  front 
of  St.  Paul's  Church.  The  General  said  he  wished  to  col 
lect  men's  sentiments,  and  the  design  was  to  communicate  them 
to  the  General  [Washington].  I  told  him  my  late  conduct  in 
the  Senate  had  been  such  as  would  render  any  opinion  of  mine 
very  ungracious  at  court,  and  perhaps  he  had  best  never  make 
any  mention  of  my  name.  Much  more  was  said,  but  not  worth 
committing  to  paper. 

Attended  Senate.  Soon  after  the  bill  prescribing  the  oath, 
etc.,  was  taken  up,  and  the  amendments.  The  first  amendment 
was  on  the  enacting  clause.  It  stood,  Be  it  enacted  hy  the 
Congress  of  the  United  States  ;  the  amendment,  by  the  Senate 
and  Representatives.  It  was  openly  avowed  by  Mr.  Izard 
that  the  dignity  and  pre-eminence  of  the  Senate  was  the  object 
aimed  at  by  the  amendment ;  but  the  words  of  the  Constitu 
tion  are,  "  All  legislative  power  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States."  Again,  section  8,  the 
"  Congress  shall  have  power,"  etc.  The  amount  of  all  I  said 
resolved  itself  into  this:  The  legislative  authority,  \\\Q  power 
(of  making  laws  in  certain  cases)  is  given  to  Congress.  Let 
Congress  execute  this  trust  under  the  same  name.  In  other 
words,  it  is  under  the  Firm  of  Congress  that  we  have  received 
our  authority  &i\d  power.  Let  us  execute  it  under  the  same 
firm.  Elsworth,  who  is  a  vastly  better  speaker  than  I  am, 
was  in  sentiment  with  me  this  time.  He  placed  the  subject  in 
various  lights,  and  said  enough,  I  thought,  to  convince  any  one 
who  was  not  determined  to  be  otherwise.  .  But  the  fact  with 
us  is  that  the  point  sought  after  is  to  find  out  what  will  be 
most  agreeable,  or,  in  other  words,  where  will  the  majority 
be  ?  for  never  was  a  text  more  practiced  on  than  that  "  in  a 
multitude  of  counselors  "  (say  Senators)  "  there  is  safety."  In- 


MAY4J  TAKING   OF  OATHS.  17 

deed,  it  seems  the  governing  principle.  Mr.  Izard  gave  us  a 
kind  of  dissenting  speech  from  both  original  and  amendment. 
He  wanted  the  President's  name  in  it.  Our  Yice-President 
rose  in  the  chair  to  deliver  sentiments  to  the  same  purpose,  and 
upon  this  principle  he  was  rather  against  the  amendment  because 
it  did  not  mention  the  President.  The  amendment  carried. 

The  next  amendment  was  a  clause  obliging  the  officers  of 
the  State  Legislature  to  take  the  oath  within  a  month  after  the 
1st  of  August:  Mr.  Els  worth  argued  on  the  inaccuracies  of 
the  language  of  the  amendment ;  that  it  was  doubtful  as  to 
the  intent  of  it  every  way.  I  thought  he  nearly  exhausted  the 
subject.  Before  the  vote  wras  put  I  chose  to  say  something. 
It  amounted  to  this  :  that  the  subject  was  a  doubtful  one  every 
way,  that  the  power  of  Congress  at  any  time,  or  the  propriety 
of  exercising  it  at  this  time,  is  admitted.  The  words  of  the 
amendment  were  also  doubtful  and  doubted.  I  would  there 
fore  deal  in  no  doubtful  matters.  Izard  rose  in  a  flame,  de 
clared  he  knew  not  what  gentlemen  meant  by  talking  of  doubts. 
He  never  heard  of  any.  He  was  very  angry.  Mr.  Langdon 
followed  him.  Head  the  Constitution  that  all  officers,  both  of 
the  United  States  and  several  States,  should  be  bound  by  oath, 
etc. 

I  had  to  get  up  in  my  own  defense.  I  observed  the  gentle 
man  mistook  the  point.  The  question  was  not  whether  the 
officers  should  take  the  oath,  but  was  it  our  business  to  inter 
fere  in  it  ?  It  was  equally  clear  that  Senators,  Kepresentatives, 
and  electors  were  to  be  chosen  by  the  States,  but  who  ever 
thought  of  a  law  to  oblige  them  to  do  these  things?  The 
adopting  States,  by  the  terms  of  their  adoption,  had  pledged 
themselves  to  conform  to  the  Constitution,  which  contained 
these  things  among  its  fundamental  rules ;  that  among  the 
powers  delegated  to  Congress  this  was  not  mentioned,  nor  was 
it  necessary,  being  already  provided  for  in  the  Constitution ; 
that  as  to  doubts,  individuals  had  doubted  and  States  had 
doubted.  Massachusetts,  it  appeared,  considered  the  power  of 
making  a  law  to  be  with  Congress.  Connecticut  thought  so 
differently  that  they  had  passed  a  State  law  for  the  purpose ; 
that,  for  my  part,  I  greatly  doubted  at  least  the  propriety  of 
meddling  with  it  unless  the  States  should  be  guilty  of  neglect. 
"2 


18  THE  DIGNITY  OP  THE  SENATE  INSISTED  ON.       [1789 

But  that  I  was  not  so  uncharitable  as  to  damn  him  that  doubt 
ed  not.  Up  rose  Lee.  He  was  for  the  amendment,  but  had 
more  doubts  than  anybody.  The  rage  of  speaking  caught  hold 
of  half  the  Senate  at  least.  Some  sensible  things  were  said, 
but  a  great  many  foolish  ones.  Elsworth  rose  a  second  time. 
He  took  nearly  the  track  I  had  been  on,  but  he  explained 
everything  with  a  clearness  and  perspicuity  which  I  was  quite 
incapable  of.  I  was  highly  pleased  with  him.  How  readily 
do  the  sentimental  strings  sound  unison  when  both  are  touched 
by  the  same  agreeable  motive  !  But  enough,  the  amendment 
was  carried  against  us. 

I  learned  this  day  that  the  title  selected  from  all  the  poten 
tates  of  the  earth  for  our  President  was  to  have  been  taken 
from  Poland,  viz.,  Elective  Majesty.  What  a  royal  escape ! 
Dined  this  day  with  the  French  Minister,  the  first  place  I  have 
been  at  since  my  illness.  But  I  have  minuted  enough  for  this 
day,  so  stop. 

May  5th. — The  bill  of  yesterday  [prescribing  the  oath]  had 
a  third  reading,  but  now  how  is  it  to  be  sent  to  the  other 
House  ?  A  motion  was  made  and  seconded  that  it  go  by  the 
Secretary.  From  half  after  eleven  to  half  after  one  was  this 
important  question  agitated.  The  other  House  had  affronted 
the  Senate  by  sending  up  the  bill  in  a  letter,  and  now  we 
would  not  send  it  down  by  a  member.  The  dignity  of  the 
House  was  much  insisted  on.  We  were  plagued  again  with 
the  House  of  Lords  and  Commons,  and  "  parliamentary  "  was 
the  supplementary  word  to  every  sentence.  I  doubted  much 
whether  I  should  rise  or  not ;  however,  when  everybody  else 
had  something  to  say,  I  scorned  to  be  silent.  I  remarked  that 
I  rose  with  reluctance  on  a  subject  when  I  had  not  been  able 
to  draw  any  information  from  experience,  as  the  State  I  had 
the  honor  of  representing  had  but  one  House ;  yet  from  what 
I  could  learn  the  States  which  had  two  Houses  in  the  Union 
carried  on  their  communications  by  members ;  that  this  I  con 
sidered  as  the  most  cordial  and  friendly  mode  of  intercourse, 
and  that  I  would  much  rather  take  example  from  our  own 
States  than  from  Great  Britain ;  that  this  intercourse,  there 
fore,  was  the  one  which  I  most  sincerely  wished,  and  thought 
the  sooner  it  was  adopted  the  better ;  that  if  our  members 


MAYS]  ELSWORTH   PLAYS  A   MIDDLE  GAME.  19 

should  be  ill-treated  below,  as  had  been  alleged  by  some  gentle 
men,  the  fault  would  not  be  ours,  and  then  we  would  be  fully 
justified  in  adopting  some  other  mode ;  that  a  communication 
by  our  Secretary  was  a  bad  one ;  that  it  interrupted  business, 
as  we  could  not  proceed  without  him.  If  we  meant  it  by  way 
of  returning  the  affront  that  had  been  offered  to  us,  this  was 
wrong.  We  should  send  the  bill  by  letter,  and  this  would  be 
treating  them  in  kind 

I  was  answered,  or  at  least  an  attempt  was  made,  but  I  was 
not  convinced.  Mr.  Langdon  got  up  soon  after,  and  seemed 
to  adopt  all  I  had  said,  but  the  motion  was  carried  against  us. 
Elsworth  was  with  us  and  so  was  Mr.  Carrol,  but  he  concluded 
with  saying  he  would  this  time  vote  for  the  Secretary  to  go 
down  with  the  bill.  Gave  my  landlord  another  half  Johannes. 
He  now  owes  me  £2  Is.  lOd.  Paid  him  for  some  wood. 

I  forgot  to  minute  a  very  long  speech  of  Mr.  Elsworth 
when  the  bill  was  on  the  third  reading.  He  prefaced  his  dis 
course  by  saying  he  would  make  no  motion,  but  gentlemen 
might  do  as  they  pleased  after  he  had  delivered  his  sentiments. 
The  whole  amounted  to  this,  that  the  great  and  dignified  sta 
tion  of  the  President  and  the  conspicuous  part  he  would  act  in 
the  field  of  legislation,  as  all  laws  must  pass  in  review  before 
him,  and  were  subject  to  his  revision  and  correction,  etc.,  en 
titled  him  to  have  his  name  or  place  marked  in  the  enacting 
clause  of  all  laws ;  or  at  least  he  should  be  brought  into  view 
among  the  component  parts  of  Congress.  Ideas  of  the  above 
kind  were  dwelt  on  and  varied  with  agreeable  enough  diction 
for  nearly  a  quarter  of  an  hour.  I  am  confident  Elsworth 
neither  wished  nor  expected  to  have  any  serious  motion  made 
on  such  untenable  ground.  What,  then,  could  be  his  motive  ? 
Solely  to  play  the  courtier  ?  Something  of  this  kind  had  been 
hinted  from  the  Chair.  Mr.  Izard  had  been  explicit  on  the 
subject,  Mr.  Elsworth  now  plays  a  middle  game.  He  knows 
the  thing  can  not  take  place,  but  he  will  bring  it  fully  in  view 
so  that  he  can  say,  "  It  was  not  my  fault,"  and  thus  secure  his 
interest  with  the  high-toned  courtiers.  Is  such  a  man  to  be 
trusted  ?  No  motion  was  made  ;  indeed,  the  spirit  of  his  ad 
dress  was  reducible  to  this :  "  I  will  make  no  motion ;  if  any 
of  you  are  foolish  enough  to  do  it,  you  may." 


20          THE  ANSWER  TO  THE  PRESIDENT'S  ADDRESS.       [1789 

May  6th. — No  Senate  this  day ;  there  was  a  commence 
ment  at  Saint  Paul's  Church ;  the  Senate  were  served  with 
tickets.  Dr.  Johnson,  the  principal  of  the  college,  could  not 
attend  with  us.  I  had  heard  that  Mr.  Morris  was  come  to 
town.  I  went  for  his  lodgings.  This  another  useless  journey, 
for  he  has  not  come.  I  would  have  been  very  glad  of  Mr. 
Morris'  company.  It  has  happened  otherwise.  I  have  been 
a  bird  alone.  I  have  had  to  bear  the  chilling  cold  of  the 
North  and  the  intemperate  warmth  of  the  South,  neither  of 
which  is  favorable  to  the  Middle  State  from  which  I  come. 
Lee  and  Izard,  hot  as  the  burning  sands  of  Carolina,  hate  us. 
Adams  with  all  his  frigid  friends,  cool  and  wary,  bear  us  no 
good-will.  I  could  not  find  a  confidant  in  one  of  them,  or  say 
to  my  heart,  "  Here  is  the  man  I  can  trust."  What  has  been 
my  conduct,  then  ?  Spirit  of  Rectitude,  bear  witness  for  me. 
Have  I  trimmed  to  one  of  them  ?  Or  have  I  withheld  a  single 
sentiment  that  my  judgment  approved  of  ?  I  trust  I  have  not. 
Regardless  of  consequences,  with  no  eye  to  emolument,  with 
out  desire  for  reappointment,  I  mean  to  act  as  if  I  were  im 
mortal,  and  yet  I  wish  to  give  satisfaction  and  content  to  the 
State  that  sent  me  here.  Never,  however,  will  I  purchase  that 
with  discontent  in  my  own  bosom,  nor  does  my  dear  country 
demand  such  a  sacrifice  at  my  hand. 

May  7th. — The  bill  for  taking  the  oath  for  the  support  of 
the  Constitution  came  up.  The  amendments  all  agreed  to, 
and  a  small  one  added.  The  committee  reported  an  answer  to 
the  President's  speech.  It  was  read.  One  part  was  objected 
to,  which  stated  the  United  States  to  have  been  in  anarchy 
and  confusion,  and  the  President  stepping  in  and  rescuing 
them.  A  very  long  debate.  The  words  were  struck  out. 
Mr.  Lee  offered  part  of  a  sentence  which,  I  thought,  filled  the 
sentence  with  propriety.  It  was,  however,  lost.  Mr.  Patter 
son  offered  a  clause,  "  rescued  us  from  evils  impending  over 
us."  This  was  carried  ;  but  half  the  Senate  nearly  made  sour 
faces  at  it.  Mr.  Els  worth  said  it  was  tautological,  but  seemed 
at  a  loss  as  to  mending  it.  I  rose,  more  in  consequence  of  a 
kind  of  determination  that  I  have  adopted  of  saying  some 
thing  every  day  than  from  any  fondness  of  the  subject.  I  ad 
mitted  that  there  appeared  something  tautological  in  the  words, 


MAY?]  A  CANOPIED  THRONE.  21 

and  it  was  not  easy  to  mend  them  consistent  with  elegant  dic 
tion,  but,  if  the  first  syllable  was  taken  from  the  word  Spend 
ing,  it  would  then  stand,  "  evils  pending  over  us."  The  objec 
tion  would  be  obviated,  but  I  would  not  say  the  language 
would  be  eloquent.  But,  since  I  was  up,  I  could  not  help 
remarking  that  I  thought  the  whole  clause  improper  ;  that  to 
state  the  whole  Union  as  being  in  anarchy  or  under  impending 
ruin  was  sanctifying  the  calumnies  of  our  enemies,  who  had 
long  labored  in  the  foreign  gazettes  to  represent  us  as  a  people 
void  of  government.  It  was  fixing  a  stain  on  the  annals  of 
America,  for  future  historians  would  appeal  to  the  transac 
tions  of  this  very  day  as  a  proof  of  our  disordered  circum 
stances.  I  therefore  was  against  the  whole  clause.  Mr.  Wyn- 
gate  followed  me,  and  was  for  having  the  clause  struck  [out]. 
This  could  not  well  be  done  consistent  with  order.  I  men 
tioned  that,  if  a  reconsideration  was  moved,  I  would  second  it. 
It  was  reconsidered  and  amended,  and  afterward  recommitted 
to  the  same  committee.  They  retired  for  the  purpose  of  dress 
ing  it. 

Now  the  Y ice-President  rose  to  draw  the  attention  of  the 
Senate  to  the  manner  of  delivering  the  answer  to  the  Presi 
dent.  A  committee  was  appointed  to  confer  on  this  and  other 
subjects  with  a  committee  of  Representatives.  u  There  are 
three  ways,  gentlemen"  (said  our  Yice-President),  "by  which 
the  President  may  communicate  with  us.  One  is  personally. 
If  he  comes  here,  we  must  have  a  seat  for  him.  In  England  it 
is  called  a  throne.  To  be  sure,  it  is  behind  that  seat  we  must 
seek  for  shelter  and  protection.  The  second  is  by  a  minister 
of  state.  The  third  is  by  his  chamberlain  or  one  of  his  aides- 
de-camp,  I  had  almost  said,  but  that  is  a  military  phrase.  It 
may  become  a  great  constitutional  question."  Seeing  the 
House  look  blank,  he  said,  "  I  throw  these  things  out  for 
gentlemen  to  think  of."  Mr.  Lee  got  up  and  said  something 
on  the  propriety  of  having  a  seat  with  a  canopy  for  the  Presi 
dent.  Mr.  Langdon  said  something,  but  did  not  seem  well  col 
lected,  and  spoke  so  low  I  did  not  hear  him. 

The  time  was  trifled  till  near  three  o'clock.  The  day  was 
cold,  and  the  members  collected  near  the  fire,  leaving  their 
seats.  The  committee  returned  with  the  message,  and  it  really 


22          "DIGNITY  AND  SPLENDOR"  OP  GOVERNMENT.       [1789 

read  vastly  better,  and  was  altered  in  the  exceptional  phrases. 
In  one  place,  speaking  of  the  Government,  it  mentioned  "  dig 
nity  and  splendor"  I  submitted  it  to  the  gentlemen  who  had 
the  amending  of  it  whether  "  respectability "  was  not  better 
than  splendor.  Mr.  Carrol,  of  the  committee,  did  not  defend 
the  word  "  splendor,"  but  said  "  respectability  "  had  been  used 
before,  if  he  recollected  right.  Mr.  Patterson  said  it  sounded 
much  better  than  "respectability,"  and  rounded  the  period. 
Dr.  Johnson  said  "  splendor  "  signified  in  this  place  the  high 
est  perfection  of  government.  These  were  the  three  members 
of  the  committee.  I  mentioned  that,  if  the  word  respectability 
had  been  used  immediately  before,  it  would  be  improper ;  that 
dignity  alone  I  thought  expressed  all  that  was  wanted.  As  to 
the  seeking  of  sounding  names  and  pompous  expressions,  I 
thought  them  exceptionable  on  that  very  account,  and  that  no 
argument  was  necessary  to  show  it ;  that  different  men  had  a 
train  of  different  ideas  raised  by  the  same  word  ;  that  "  splen 
dor,"  when  applied  to  government,  brought  into  my  mind, 
instead  of  the  highest  perfection,  all  the  faulty  finery,  brilliant 
scenes,  and  expensive  trappings  of  royal  government,  and  im 
pressed  my  mind  with  an  idea  quite  the  reverse  of  republican 
respectability,  which  I  thought  consisted  in  firm  and  prudent 
councils,  frugality,  and  economy. 

I  found  I  was  not  seconded,  and  concluded  that  my  motion 
went  to  recommend  a  reconsideration  of  the  word  u  splendor  " 
to  the  committee.  They  did  not  alter  it,  and  the  answer  was 
agreed  to.  The  Vice-President  rose  in  the  chair  and  repeated 
twice,  with  more  joy  in  his  face  than  I  had  ever  seen  him  as 
sume  before,  he  hoped  the  Government  would  be  supported 
with  dignity  and  splendor.  I  thought  he  did  it  by  way  of 
triumph  over  me  for  a  former  defeat  I  gave  him,  but  may  be 
I  was  mistaken. 

May  8th. — Attended  a  joint  committee  on  the  papers  of 
the  old  Congress.  Made  progress  in  the  business.  Agreed  to 
meet  at  half -past  ten  on  Monday  and  report.  Senate  formed. 
The  Secretary,  as  usual,  had  made  some  mistakes,  which  were 
rectified,  and  now  Mr.  Elswort.h  moved  for  the  report  of  the 
Joint  Committee  to  be  taken  up  on  the  subject  of  titles.  It 
was  accordingly  done.  Mr.  Lee  led  the  business.  He  took 


MAYS]  "FEAR  GOD  AND  HONOR  THE  KING."  23 

his  old  ground — all  the  world,  civilized  and  savage,  called  for 
titles  ;  that  there  must  be  something  in  human  nature  that 
occasioned  this  general  consent ;  that,  therefore,  he  conceived 
it  was  right.  Here  he  began  to  enumerate  many  nations  who 
gave  titles — such  as  Venice,  Genoa,  and  others.  The  Greeks 
and  Romans,  it  was  said,  had  no  titles,  "  but "  (making  a  pro 
found  bow  to  the  Chair)  "  you  were  pleased  to  set  us  right  in 
this  with  respect  to  the  Conscript  Fathers  the  other  day." 
Here  he  repeated  the  Vice-President's  speech  of  the  23d 
ultimo  [April],  almost  verbatim  all  over. 

Mr.  Elsworth  rose.  He  had  a  paper  in  his  hat,  which  he 
looked  constantly  at.  He  repeated  almost  all  that  Mr.  Lee  had 
said,  but  got  on  the  subject  of  kings — declared  that  the  sen 
tence  in  the  primer  of  fear  God  and  honor  the  Icing  was  of 
great  importance ;  that  kings  were  of  divine  appointment ; 
that  Saul,  the  head  and  shoulders  taller  than  the  rest  of  the 
people,  was  elected  by  God  and  anointed  by  his  appointment. 

I  sat,  after  he  had  done,  for  a  considerable  time,  to  see  if 
anybody  would  rise.  At  last  I  got  up  and  first  answered  Lee 
as  well  as  I  could  with  nearly  the  same  arguments,  drawn  from 
the  Constitution,  as  I  had  used  on  the  23d  ult.  I  mentioned 
that  within  the  space  of  twenty  years  back  more  light  had  been 
thrown  on  the  subject  of  governments  and  on  human  affairs  in 
general  than  for  several  generations  before  ;  that  this  light  of 
knowledge  had  diminished  the  veneration  for  titles,  and  that 
mankind  now  considered  themselves  as  little  bound  to  imitate 
the  follies  of  civilized  nations  as  the  brutalities  of  savages; 
that  the  abuse  of  power  and  the  fear  of  bloody  masters  had 
extorted  titles  as  well  as  adoration,  in  some  instances  from  the 
trembling  crowd  ;  that  the  impression  now  on  the  minds  of 
the  citizens  of  these  States  was  that  of  horror  for  kingly  au 
thority. 

Izard  got  up.  He  dwelt  almost  entirely  on  the  antiquity 
of  kingly  government.  He  could  not,  however,  well  get  fur 
ther  back  than  Philip  of  Macedon.  He  seemed  to  have  forgot 
both  Homer  and  the  Bible.  He  urged  for  something  equiva 
lent  to  nobility  having  been  common  among  the  Romans,  for 
they  had  three  names  that  seemed  to  answer  to  honorable,  or 
something  like  it,  before  and  something  behind.  He  did  not 


24  TITLES  ARE  FORBIDDEN  FRUIT.  [1789 

say  Esquire.  Mr.  Carrol  rose  and  took  my  side  of  the  ques 
tion.  He  followed  nearly  the  track  I  had  been  in,  and  dwelt 
much  on  the  information  that  was  now  abroad  in  the  world. 
He  spoke  against  kings.  Mr.  Lee  and  Mr.  Izard  were  both 
up  again.  Elsworth  was  up  again.  Langdon  was  up  sev 
eral  times,  but  spoke  short  each  time.  Patterson  was  up,  but 
there  was  no  knowing  wrhich  side  he  was  of.  Mr.  Lee  consid 
ered  him  as  against  him  and  answered  him,  but  Patterson 
finally  voted  with  Lee.  The  Vice-President  repeatedly  helped 
the  speakers  for  titles.  Elsworth  was  enumerating  how  com 
mon  the  appellation  of  President  was.  The  Vice-President 
put  him  in  mind  that  there  were  presidents  of  fire  companies 
and  of  a  cricket  club.  Mr.  Lee  at  another  time  was  saying  he 
believed  some  of  the  States  authorized  titles  by  their  Constitu 
tions.  The  Vice-President,  from  the  chair,  told  him  that  Con 
necticut  did  it.  At  sundry  other  times  he  interfered  in  a  like 
manner.  I  had  been  frequently  up  to  answer  new  points  dur 
ing  the  debate. 

I  collected  myself  for  a  last  effort.  I  read  the  clause  in  the 
Constitution  against  titles  of  nobility ;  showed  that  the  spirit 
of  it  was  against  not  only  granting  titles  by  Congress,  but 
against  the  permission  of  foreign  potentates  granting  any  titles 
whatever  ;  that  as  to  kingly  government,  it  was  equally  out  of 
the  question,  as  a  republican  government  was  guaranteed  to 
every  State  in  the  Union ;  that  they  were  both  equally  forbid 
den  fruit  of  the  Constitution.  I  called  the  attention  of  the 
House  to  the  consequences  that  were  like  to  follow ;  that  gen 
tlemen  seemed  to  court  a  rupture  with  the  other  House.  The 
Eepresentatives  had  adopted  the  report,  and  were  this  day  act 
ing  on  it,  or  according  to  the  spirit  of  the  report.  We  were 
proposing  a  title.  Our  conduct  would  mark  us  to  the  world 
as  actuated  by  the  spirit  of  dissension,  and  the  characters  of 
the  Houses  would  be  as  aristocratic  and  democratical. 

The  report  [of  the  Committee  on  Titles]  was,  however,  re 
jected.  "Excellency"  Avas  moved  for  as  a  title  by  Mr.  Izard. 
It  was  withdrawn  by  Mr.  Izard,  and  "  highness  "  with  some 
prefatory  word,  proposed  by  Mr.  Lee.  Now  long  harangues 
were  made  in  favor  of  this  title.  "  Elective  "  was  placed  be 
fore.  It  was  insisted  that  such  a  dignified  title  would  add 


MAY  9]       LOOKING   UP  A  TITLE  FOR  WASHINGTON.  25 

greatly  to  the -weight  and  authority  of  the  Government  both 
at  home  and  abroad.  I  declared  myself  totally  of  a  different 
opinion  ;  that  at  present  it  was  impossible  to  add  to  the  re 
spect  entertained  for  General  Washington ;  that  if  you  gave 
him  the  title  of  any  foreign  prince  or  potentate,  a  belief  would 
follow  that  the  manners  of  that  prince  and  his  modes  of  gov 
ernment  would  be  adopted  by  the  President.  (Mr.  Lee  had, 
just  before  I  got  up,  read  over  a  list  of  the  titles  of  all  the 
princes  and  potentates  of  the  earth,  marking  where  the  word 
"  highness  "  occurred.  The  Grand  Turk  had  it,  all  the  princes 
of  Germany  had  [it],  sons  and  daughters  of  crown  heads,  etc.) 
That  particularly  "elective  highness,"  which  sounded  nearly 
like  u  electoral  highness,"  would  have  a  most  ungrateful  sound 
to  many  thousands  of  industrious  citizens  who  had  fled  from 
German  oppression  ;  that  "  highness  "  was  part  of  the  title  of  a 
prince  or  princes  of  the  blood,  and  was  often  given  to  dukes  ; 
that  it  was  degrading  our  President  to  place  him  on  a  par 
with  any  prince  of  any  blood  in  Europe,  nor  was  there  one  of 
them  that  could  enter  the  list  of  true  glory  with  him. 

But  I  will  minute  no  more.  The  debate  lasted  till  half 
after  three  o'clock,  and  it  ended  in  appointing  a  committee  to 
consider  of  a  title  to  be  given  to  the  President.  This  wThole 
silly  business  is  the  work  of  Mr.  Adams  and  Mr.  Lee ;  Izard 
follows  Lee,  and  the  New  England  men,  who  always  herd  to 
gether,  follow  Mr.  Adams.  Mr.  Thompson  says  this  used  to 
be  the  case  in  the  old  Congress.  I  had,  to  be  sure,  the  great 
est  share  in  this  debate,  and  must  now  have  completely  sold 
(no,  sold  is  a  bad  word,  for  I  have  got  nothing  for  it)  every 
particle  of  court  favor,  for  a  court  our  House  seems  deter 
mined  on,  and  to  run  into  all  the  fooleries,  fopperies,  fineries, 
and  pomp  of  royal  etiquette  ;  and  all  this  for  Mr.  Adams. 

May  9th. — Attended  the  Hall  at  ten  o'clock  to  go  on  the 
Judicial  Committee.  Met  many  of  the  members.  I  know  not 
the  motive,  but  I  never  was  received  with  more  familiarity, 
nor  quite  so  much,  before  by  the  members.  Elsworth  in  par 
ticular  seemed  to  show  a  kind  of  fondness.  The  Judicial  Com 
mittee  did  no  business.  Senate  formed.  It  took  a  long  time 
to  correct  the  minutes.  Otis  keeps  them  miserably.  At  length 
the  committee  came  in  and  reported  a  title — His  Highness  tJie 


26  A  COMMITTEE  OF  CONFERENCE.  [1789 

President  of  the  United  States  of  America  and  Protector  of 
the  Rights  of  the  Same.  Mr.  Few  had  spoken  a  word  or  two 
with  me,  and  signified  his  unwillingness  to  do  anything  hastily. 
He  got  up  and  spoke  a  great  deal  against  hasty  measures.  He 
did  not  pointedly  move  for  postponement,  but  it  amounted 
nearly  to  it.  The  Clerk  of  the  other  House  in  the  mean  time 
appeared  at  the  bar  and  announced  the  adoption  of  the  report 
of  the  Joint  Committee  (rejecting  titles). 

I  got  up  and  expressed  my  opinion  that  what  had  fallen 
from  the  honorable  gentleman  from  Georgia  amounted  to  a 
motion  for  postponement,  and  asked  leave  to  second  him.  I 
then  pointed  out  the  rupture  that  was  likely  to  ensue  with  the 
other  House ;  that  this  was  a  matter  of  very  serious  import, 
and  I  thought  it  our  indispensable  duty  to  avoid  any  incon 
venience  of  that  kind ;  that  by  the  arrangement  between  the 
Houses  in  case  of  disagreement  a  conference  might  be  request 
ed  ;  that  my  intention  was,  if  the  postponement  was  carried,  to 
move  immediately  for  a  committee  of  conference  to  be  ap 
pointed  on  the  difference  between  the  Houses,  and  I  had  hopes 
that  by  these  means  all  subject  of  debate  would  be  done  away. 
Mr.  Read  got  up  and  moved  that  the  report  might  be  adopted. 
He  was  not  seconded,  but  the  motion  was  in  itself  idle.  Mr. 
Strong  spoke  in  favor  of  the  postponement,  and  was  inter 
rupted  from  the  Chair.  Mr.  Dalton  after  some  time  spoke  in 
favor  of  it.  I  could  now  see  a  visible  anxiety  in  the  Chair. 

I  had  a  fine,  slack,  and  easy  time  of  it  to-day.  Friends 
seemed  to  rise  in  succession.  Lee  went  over  his  old  ground 
twice,  but  owned  at  last  there  was  great  difficulty  every  way, 
but  said  plainly  the  best  mode  was  for  the  House  to  adopt  the 
report,  and  then  the  other  House  would  follow.  He  found, 
however,  the  current  began  to  turn  against  him,  and  he  laid 
his  head  on  his  hand  as  if  he  would  have  slept.  Mr.  Strong 
was  up  again.  He  said  among  many  things  that  he  thought 
the  other  House  would  follow,  but  there  wras  a  risk  in  it. 

Mr.  Izard  got  up  at  last.  He,  too,  was  for  a  postponement. 
I  could  see  the  Vice-President  kindled  at  him.  Mr.  Izard  said 
we  knew  the  other  House  had  adopted  the  report  [rejecting 
titles].  The  Vice-President  interrupted  him  and  said  no ;  we 
had  no  right  to  know  it  nor  could  wre  know  it  until  after  the 


MAY  9]       "WHAT   WILL  THE  COMMON  PEOPLE  SAY?"          27 

Clerk  had  this  morning  given  official  information.  The  mem 
bers  fixed  themselves,  and  the  question  was  called  for. 

Up  now  got  the  Vice-President,  and  for  forty  minutes  did 
he  harangue  us  from  the  chair.  lie  began  first  on  the  subject 
of  order,  and  found  fault  with  everything  almost,  but  down  he 
came  to  particulars,  and  pointedly  blamed  a  member  for  dis 
orderly  behavior.  The  member  had  mentioned  the  appearance 
of  a  captious  disposition  in  the  other  House.  This  was  dis 
orderly  and  spoke  with  asperity.  The  member  meant  was 
Mr.  Izard.  All  this  was  only  prefatory.  On  he  got  to  his 
favorite  topic  of  titles,  and  over  the  old  ground  of  the  im 
mense  advantage  of,  the  absolute  necessity  of  them.  When  he 
had  exhausted  this  subject  he  turned  a  new  leaf,  I  believe,  on 
the  conviction  that  the  postponement  would  be  carried  and 
perhaps  the  business  lost  by  an  attention  to  the  other  House. 

kt  Gentlemen,  I  must  tell  you  that  it  is  you  and  the  Presi 
dent  that  have  the  making  of  titles.  Suppose  the  President  to 
have  the  appointment  of  Mr.  Jefferson  at  the  court  of  France. 
Mr.  Jefferson  is,  in  virtue  of  that  appointment,  the  most  illus 
trious,  the  most  powerful,  and  what  not.  But  the  President 
must  be  himself  something  that  includes  all  the  dignities  of  the 
diplomatic  corps  and  something  greater  still.  "What  will  the 
common  people  of  foreign  countries,  what  will  the  sailors  and 
the  soldiers  say,  *  George  Washington,  President  of  the  United 
States '  ?  They  will  despise  him  to  all  eternity.  This  is  all  non 
sense  to  the  philosopher,  but  so  is  all  government  whatever." 

The  above  I  recollect  with  great  precision,  but  he  said  fifty 
more  things,  equally  injudicious,  which  I  do  not  think  worth 
minuting.  It  is  evident  that  he  begins  to  despair  of  getting 
the  article  of  titles  through  the  House  of  Eepresentatives,  and 
has  turned  his  eye  to  get  it  done  solely  by  the  Senate. 

Having  experienced  relief  by  the  interference  of  sundry 
members,  I  had  determined  not  to  say  another  word,  but  his 
new  leaf  appeared  so  absurd  I  could  not  help  some  animadver 
sions  on  it.  I  rose.  Mr.  President,  the  Constitution  of  the 
United  States  has  designated  our  Chief  Magistrate  by  the  ap 
pellation  of  the  President  of  the  United  States  of  America. 
This  is  his  title  of  office,  nor  can  we  alter,  add  to,  or  diminish 
it  without  infringing  the  Constitution.  In  like  manner  per- 


28  "BOMBASTIC  NONSENSE."  [1789 

sons  authorized  to  transact  business  with  foreign  powers  are 
styled  Ambassadors,  Public  Ministers,  etc.  To  give  them 
any  other  appellation  would  be  an  equal  infringement.  As  to 
grades  of  orders  or  titles  of  nobility,  nothing  of  the  kind  can 
be  established  by  Congress. 

Can,  then,  the  President  and  Senate  do  that  which  is  prohib 
ited  to  the  United  States  at  large  ?  Certainly  not.  Let  us  read 
the  Constitution :  No  title  of  nobility  shall  be  granted  l>y  the 
United  States.  The  Constitution  goes  further.  The  servants 
of  the  public  are  prohibited  from  accepting  them  from  anv 
foreign  state,  king,  or  prince.  So  that  the  appellations  and 
terms  given  to  nobility  in  the  Old  World  are  contraband  lan 
guage  in  the  United  States,  nor  can  we  apply  them  to  our  citi 
zens  consistent  with  the  Constitution.  As  to  what  the  com 
mon  people,  soldiers,  and  sailors  of  foreign  countries  may  think 
of  us,  I  do  not  think  it  imports  us  much.  Perhaps  the  less 
they  think,  or  have  occasion  to  think  of  us,  the  better. 

But  suppose  this  a  desirable  point,  how  is  it  to  be  gained  ? 
The  English  excepted,  foreigners  do  not  understand  our  lan 
guage.  We  must  use  Holien  Mogende  to  a  Dutchman,  Bey- 
lerbey  to  a  Turk  or  Algerine,  and  so  of  the  rest.  From  the 
English  indeed  we  may  borrow  terms  that  would  not  be  wholly 
unintelligible  to  our  own  citizens.  But  will  they  thank  us  for 
the  compliment  ?  Would  not  the  plagiarism  be  more  likely  to 
be  attended  with  contempt  than  respect  among  all  of  them  ?  It 
has  been  admitted  that  all  this  is  nonsense  to  the  philosopher. 
I  am  ready  to  admit  that  every  high-sounding,  pompous  appel 
lation,  descriptive  of  qualities  which  the  object  does  not  pos 
sess,  must  appear  bombastic  nonsense  in  the  eye  of  every  wise 
man.  But  I  can  not  admit  such  an  idea  with  respect  to  gov 
ernment  itself.  Philosophers  have  admitted  not  the  utility  but 
the  necessity  of  it  [government],  and  their  labors  have  been 
directed  to  correct  the  vices  and  expose  the  follies  which  have 
been  ingrafted  upon  it,  and  to  reduce  the  practice  of  it  to  the 
principles  of  common  sense,  such  as  we  see  exemplified  by  the 
merchant,  the  mechanic,  and  the  farmer,  whose  every  act  or 
operation  tends  to  a  productive  or  beneficial  effect,  and,  above 
all,  to  illustrate  this  fact,  that  government  was  instituted  for 
the  benefit  of  the  people,  and  that  no  act  of  government  is  jus- 


MAY  10]  DELAYING  THE   IMPOST.  29 

tillable  that  has  not  this  for  its  object.  Such  has  been  the 
labor  of  philosophers  with  respect  to  government,  and  sorry 
indeed  would  I  be  if  their  labors  should  be  in  vain. 

After  all  this  he  had  to  put  the  question,  and  the  postpone 
ment  was  carried.  I  kept  my  word,  and  offered  the  resolution 
for  a  conference  on  the  differences,  etc.  It  was  carried,  and 
the  committee  appointed.  Elsworth,  the  most  conceited  man 
in  the  world,  drew  up  a  new  resolution.  It  was  to  keep  the 
differences  out  of  sight,  and  to  proceed  de  novo  on  a  title  for 
the  President.  I  did  not  enter  into  debate,  but  expressed  my 
fear  that  the  House  of  Representatives  would  be  irritated  and 
would  not  meet  us  on  that  ground.  And,  as  if  they  meant  to 
provoke  the  other  House,  they  insisted  that  the  minute  of  re 
jection  should  go  down  with  the  appointment  of  the  commit 
tee.  Little  good  can  come  of  it  thus  circumstanced,  more 
especially  as  the  old  committee  were  reappointed. 

May  10th. — Being  Sunday,  bathed  and  stayed  at  home  all 
the  day  after,  as  it  was  raining  and  I  was  afraid  to  go  out,  for 
fear  of  catching  cold.  AVrote  to  my  family  as  usual.  A  Phila 
delphia  merchant  was  in  with  Mr.  "Wynkoop.  He  alleged  that 
Mr.  Fitzsimons  delayed  the  Impost  bill,  while  his  own  India- 
men  should  arrive,  for  it  seems  he  has  more  than  one.  On 
Friday  evening  Mr.  Fitzsimons  avowed  that  he  had  set  Gerry 
on  to  bring  in  the  Company  bill.  Now,  it  seems  the  Company 
bill  must  be  rejected  again.  I  asked  Mr.  Fitzsimons  what 
could  be  the  means  of  the  bill  hanging  so  long  in  the  hands  of 
the  committee.  He  blamed  Gerry  ;  said  it  was  left  with  Gerry 
last  Saturday ;  that  he  had  called  this  evening  (Friday),  and 
he  found  it  still  lying  on  Mr.  Gerry's  table  untouched.  I  asked 
if  he  did  not  expect  blame ;  he  said  he  was  afraid  they  would 
say  of  him,  as  he  was  a  merchant,  that  he  delayed  it  until  his 
own  vessels  would  arrive  from  the  East  Indies.  They  do,  in 
deed,  say  so  ;  and  I  say  the  bill  is  delayed  by  some  means  to 
the  great  loss  of  revenue.  Mr.  Wynkoop  remarked  that  Mr. 
Fitzsimons  acted  in  a  double  capacity — as  a  merchant  and  as  a 
Representative.  The  man  replied  shrewdly,  "  You  will  al 
ways  find  the  merchant  uppermost" 

May  llth. — I  have  actually  delayed  making  up  my  journal 
for  this  day  until  the  morning  of  the  12th.  I  feel  how  very 


30  WASHINGTON  AT  THE  THEATRE.  [1789 

wrong  it  is.  There  is  a  bhintness  over  my  memory  already. 
The  first  thing  I  did  in  the  morning  was  delivering  my  letters 
at  the  post-office.  Called  to  see  if  Mr.  Morris  was  come  to 
town.  Pie  was  not.  Met  two  committees  at  the  hall :  first  on 
the  affairs  of  the  Old  Congress  Papers.  This  business  dis 
posed  of,  the  second  on  the  judiciary  department.  Senate 
met.  Mr.  Lee  moved  to  put  off  the  order  of  the  day,  on  the 
subject  of  titles,  until  to-morrow.  Agreed  to.  He  then  moved 
to  consider  the  appointing  of  a  Sergeant-at-Arms.  This  lost. 
Mr.  Izard  and  sundry  gentlemen  of  the  Senate  [were]  dissatis 
fied  with  our  Yice-President.  He  takes  on  him  to  school  the 
members  from  the  chair.  His  grasping  after  titles  has  been 
observed  by  everybody.  Mr.  Izard,  after  describing  his  air, 
manner,  deportment,  and  personal  figure  in  the  chair,  con 
cluded  with  applying  the  title  of  Rotundity  to  him.  I  have 
really  often  looked  at  him  with  surprise  mingled  with  con 
tempt  when  he  is  in  the  chair  and  no  business  before  the  Sen 
ate.  Instead  of  that  sedate,  easy  air  which  I  would  have  him 
possess,  he  will  look  on  one  side,  then  on  the  other,  then  down 
on  the  knees  of  his  breeches,  then  dimple  his  visage  with  the 
most  silly  kind  of  half  smile  which  I  can  not  well  express  in 
English.  The  Scotch-Irish  have  a  word  that  hits  it  exactly— 
smudging.  God  forgive  me  for  the  vile  thought,  but  I  can 
not  help  thinking  of  a  monkey  just  put  into  breeches  when  I 
saw  him  betray  such  evident  marks  of  self-conceit.  He  made 
us  a  speech  this  day  also,  but,  as  I  did  not  minute  the  heads  of 
it  when  he  spoke,  I  will  not  attempt  to  recollect  it. 

Senate  adjourned,  and  the  Judicial  Committee  met.  Sat 
like  near  three  o'clock.  Appointed  a  sub-committee  to  draft 
a  bill.  I  do  not  like  it  in  any  part,  or  rather  I  generally  dis 
like  it,  but  we  will  see  how  it  looks  in  form  of  a  bill.  After 
dinner  we  were  called  on  by  the  Speaker  and  his  brother  and 
asked  to  eat  a  Pennsylvania  dinner  to-morrow.  Took  a  walk. 

I  received  a  ticket  from  the  President  of  the  United  States 
to  use  his  box  this  evening  at  the  theatre,  being  the  first  of  his 
appearance  at  the  playhouse  since  his  entering  on  his  office. 
Went.  The  President,  Governor  of  the  State,  foreign  Minis 
ters,  Senators  from  New  Hampshire,  Connecticut,  Pennsyl 
vania,  M.  [Maryland  or  Massachusetts  ?],  and  South  Carolina ; 


MAY  12]  « USHER  OF  THE  BLACK  ROD."  31 

and  some  ladies  in  the  same  box.  I  am  old,  and  notices  or  at 
tentions  are  lost  on  me.  I  could  have  wished  some  of  my 
dear  children  in  my  place ;  they  are  young  and  would  have 
enjoyed  it.  Long  might  they  live  to  boast  of  having  been 
seated  in  the  same  box  with  the  first  Character  in  the  world. 
The  play  was  the  "  School  for  Scandal."  I  never  liked  it ; 
indeed,  I  think  it  an  indecent  representation  before  ladies  of 
character  and  virtue.  Farce,  the  "  Old  Soldier."  The  house 
greatly  crowded,  and  I  thought  the  players  acted  well ;  but  I 
wish  we  had  seen  the  Conscious  Lovers,  or  some  one  that  in 
culcated  more  prudential  manners. 

May  12th. — Went  early  this  morning  to  wait  on  Mr.  Fitz- 
simons.  Was  informed  that  Mr.  Morris  had  called  to  see  him 
this  morning.  Took  no  notice  of  this,  but  went  in  quest  of 
Mr.  Morris.  Found  him  at  the  door  where  he  kept  his  office. 
Took  a  long  walk  with  him,  and  gave  him  a  detail  of  all  that 
had  happened  in  the  Senate  since  he  left  it,  as  exactly  as  I 
could.  lie  seemed  to  listen  to  me  in  a  friendly  way.  Came 
to  the  Hall  at  eleven.  Senate  met,  but  there  really  was  noth 
ing  happened  worth  mentioning.  The  business  of  considering 
the  title,  which  was  laid  on  the  table,  was  postponed  to  see 
what  would  be  the  result  of  the  conference  of  the  joint  com 
mittee  on  that  business.  Adjourned. 

Went  to  heai  the  debates  of  the  House  of  Representatives 
from  the  gallery.  From  thence  went  with  Mr.  Morris  to  the 
President's  levee.  Stayed  until  the  company  began  to  with 
draw.  Felt,  I  believe,  a  little  awkward,  for  my  knee  pained 
me,  and  this  business  of  standing  was  not  very  agreeable  to 
me.  Left  Mr.  Morris  at  the  levee ;  came  home.  Stayed  till 
four  o'clock,  and  went  and  dined  with  the  Speaker  of  the 
Fxmse. 

This  day  the  Vice-President  gave  us  no  set  speech  from 
the  chair,  but  I  know  not  whether  it  was  want  of  memory  or 
design,  but  a  motion  made  by  me  and  seconded  by  Lee  was 
passed  by  him  and  a  second  motion  put.  He  [Mr.  Adams], 
however,  seemed  confused.  The  speech  wrhich  he  made  yes 
terday  was  on  the  subject  of  our  having  a  Sergeant-at-Arms. 
He  seemed  to  wish  that  the  officer  should  be  Usher  of  the 
Black  Rod.  He  described  this  office  as  appurtenant  to  the 


32  A  COMMITTEE  ON  NEWSPAPERS.  [1789 

House  of  Lords,  and  concluded  by  telling  us  that  Sir  Francis 
Mollineaux  was  the  officer,  and  that  he  had  the  honor  of  being 
introduced  to  the  House  of  Lords. 

My  business  with  Mr.  Fitzsimons  this  morning  was  to  in 
form  him  how  much  I  feared  the  cabal  of  the  New  England 
members  in  the  Senate  ;  and  that,  if  they  were  not  gratified  in 
some  measure  on  their  favorite  article  of  molasses,  they  would 
join  with  every  member  who  objected  to  any  single  article,  and 
promise  him  gratification  in  his  particular  humor  if  he  would 
join  them.  By  these  means,  all  the  discontents  being  united, 
and  indulgence  given  even  to  caprice  and  whim,  the  bill  would 
be  lost.  He  laughed  at  my  fears.  The  molasses  affair  was  to 
be  called  up  again.  I  asked  him  if  he  was  sure  of  [a]  majority 
in  the  House  for  continuing  the  duty  at  six  cents.  "  Very  con 
fident  of  it "  ;  yet  he  was  mistaken,  and  it  was  reduced  to  five. 

I  felt  great  joy  on  the  coming  of  Mr.  Morris  to  town,  for 
now  I  shall  have  one  in  whom  I  can  confide. 

May  13th. — Paid  some  visits  this  morning.  Senate  met. 
The  Yice-President  put  us  in  mind  that  the  report  for  the 
President's  title  lay  on  the  table.  Mr.  Lee  informed  the  House 
that  the  committee  on  that  business  had  met,  but  being  in  the 
Senate  chamber  were  dispersed  on  the  meeting  of  the  Senate, 
and  had  agreed  to  meet  to-morrow  morning.  Report  for  class 
ing  the  Senate  permitted  to  lie  on  the  table.  Moved,  and  a 
committee  appointed  to  confer  on  the  subject  of  newspapers. 
A  committee  of  nine  appointed  for  the  penal  Federal  laws.  I 
can  observe  total  change  of  behavior,  or  at  least  a  considerable 
one,  in  our  Yice-President.  Instead  of  directing  two  Senators 
to  read  the  ballots  for  committee-men,  as  he  did  heretofore,  he 
this  day  read  them  aloud  from  the  chair,  and  the  Clerk  tallied. 
This  is  the  first  step  toward  reformation,  and  I  hope  it  will  be 
progressive. 

May  Hth. — This  a  most  stormy  day,  with  rain.  Went  to 
the  Hall  half  after  nine.  Met  Mr.  Ellicott  and  took  him  with 
me  to  the  Board  of  Treasury.  He  left  his  papers.  I  met  the 
committee  for  the  dividing  of  the  rooms.  I  told  Few  and  the 
committee  in  general  that  I  had  heard  there  were  designs  on 
foot  to  saddle  Congress  with  the  expenses  of  the  City  Hall.  He 
did  not  give  a  word  of  answer.  L' Enfant  was  with  us,  and, 


MAY  14]  "  YOUR  HIGHNESS  OF  THE  SENATE."  33 

like  most  Frenchmen,  was  so  talkative  that  scarce  a  word  could 
be  said.  Adjourned,  to  meet  to-morrow  at  ten  o'clock.  Senate 
met.  The  Yice-President  reminded  us  of  the  title  report.  The 
committee  was  out  on  that  business.  Classing  report  adopted. 
A.  motion  of  yesterday  was  on  the  table  for  the  regulating 
joint  committees.  Elsworth,  according  to  his  custom,  drew 
another  one.  Mr.  Langdon  withdrew  his  complaisance  to  Mr. 
Elsworth.  Lee  moved  to  strike  out  the  latter  part  of  Els- 
worth's.  Elsworth,  in  complaisance  to  Lee,  seconded  him. 
This  spoiled  the  motion,  and,  all  complaisance  being  at  an  end, 
the  rest  was  rejected  by  the  House. 

It  was  here  the  Yice-President  made  us  his  speech  for  the 
day.  He  said  parliamentary  customs,  when  found  convenient, 
should  be  followed  as  good  examples  (this  is  the  first  time  I 
ever  heard  him  guard  his  parliamentary  lessons,  but  I  observed 
yesterday  that  there  wras  a  change) ;  that  conferences  were  very 
seldom  used  by  the  Houses  in  Great  Britain ;  that  little  bene 
fit  was  obtained  from  them ;  that  there  could  be  but  little  use 
only  in  case  of  difference  of  opinion  with  respect  to  bills.  The 
whole  seemed  to  aim  at  lessening  the  intercourse  between  the 
two  Houses.  I  could  not  help  thinking  of  his  speech  of  the 
9th  instant.  It  seemed  the  second  part  of  it. 

Now  rose  Mr.  Lee  to  report  on  titles  from  the  Joint  Com 
mittee.  He  reported  that  the  committee  from  the  other  House 
had  adhered  in  the  strictest  manner  to  their  former  resolution. 
He  moved  that  the  report,  which  had  been  laid  on  the  table, 
in  favor  of  titles,  should  be  entered  on  the  files  of  the  House, 
and  that  a  motion  which  he  had  in  his  hand  should  be  adopted. 
The  spirit  of  the  motion  was  that,  to  keep  up  a  proper  respect 
for  our  Chief  Magistrate,  attention  should  be  paid  to  the  cus 
toms  of  civilized  nations ;  that  the  appearance  of  the  affecta 
tion  of  simplicity  would  be  injurious  ;  that  the  Senate  had  de 
cided  in  favor  of  titles  from  these  motives ;  but  that,  in  con 
formity  to  the  practice  of  the  other  House,  for  the  present, 
they  resolved  to  address  the  President  without  title. 

Yesterday  Mr.  Muhlenberg  accosted  me  with  Your  High 
ness  of  the  Senate.     On  my  pausing,  he  said  Mr.  Wynkoop 
had  been  christened  by  them  "  His  Highness  of  the  Lower 
House,"  and  he  thought  I  was  entitled  to  the  same  distinction 
3 


34  RIENZI  RUINED  BY  TITLES.  [1789 

in  the  Senate.  As  we  had  the  business  all  over  again  to-day,  I 
determined  to  try  what  ridicule  could  do.  Mr.  President,  if 
all  men  were  of  one  stature,  there  would  be  neither  high  nor 
low.  Highness,  when  applied  to  an  individual,  must  naturally 
denote  the  excess  of  stature  which  he  possesses  over  other 
men.  An  honorable  member  told  us  the  other  day  of  a  certain 
king  [Saul]  who  was  a  head  and  shoulders  taller  than  anybody 
else.  This,  more  especially  when  he  was  gloriously  greased 
with  a  great  horn  of  oil,  must  render  him  highly  conspicuous. 
History,  too,  if  I  mistake  not,  will  furnish  us  with  an  example 
where  a  great  Thracian  obtained  the  empire  of  the  wrorld  from 
no  other  circumstance.  But,  if  this  antiquated  principle  is  to 
be  adopted,  give  us  fair  play.  Let  America  be  searched,  and 
it  is  most  probable  that  the  honor  will  be  found  to  belong  to 
some  huge  Patagonian.  This,  indeed,  is  putting  one  sadly  over 
the  head  of  another.  True,  but  Nature  has  done  it,  and  men 
should  see  where  she  leads  before  they  adopt  her  as  a  guide. 

It  may  be  said  that  this  business  is  metaphorical,  and  the 
high  station  of  the  President  entitled  him  to  it.  Nothing  can 
be  true  metaphorically  which  is  not  so  naturally,  and  under 
this  view  of  the  proposed  title  it  belongs  with  more  propriety 
to  the  man  in  the  moon  than  anybody  else,  as  his  station  (when 
we  have  the  honor  of  seeing  him)  is  certainly  the  most  exalted 
of  any  that  we  know  of.  Gentlemen  may  say  this  is  fanciful. 
Would  they  wish  to  see  the  subject  in  the  most  serious  point  of 
view  that  it  is  possible  to  place  ?  Rome,  after  being  benighted 
for  ages  in  the  darkest  gloom  of  ecclesiastic  and  aristocratic  tyr 
anny,  beheld  a  reformer  [Rienzi]  in  the  fourteenth  century,  who, 
preaching  from  stocks  and  stones  and  the  busts  and  fragments 
of  ancient  heroes,  lighted  up  the  lamp  of  liberty  to  meridian 
splendor.  Intoxicated  with  success,  he  assumed  a  string  of 
titles,  none  of  which,  in  my  recollection,  was  equally  absurd 
with  the  one  before  you  ;  in  consequence  of  which,  and  of  his 
aping  some  other  symbols  of  nobility  and  royalty,  he  fell  and 
pulled  down  the  wrhole  republican  structure  along  with  him, 
marking  particularly  the  subject  of  titles  as  one  of  the  princi 
pal  rocks  on  which  he  was  shipwrecked.  As  to  the  latter  part 
of  the  title,  I  would  only  observe  that  the  power  of  war  is  the 
organ  of  protection.  This  is  placed  in  Congress  by  the  Con- 


MAY  14]        A  TITLE  REPORTED  FOR  WASHINGTON.  35 

stitution.  Any  attempt  to  divest  them  of  it  and  place  it  else 
where,  even  with  George  Washington,  is  treason  against  the 
United  States,  or,  at  least,  a  violation  of  the  Constitution. 

In  order  to  get  out  of  the  kind  of  puzzle  which  Lee  had 
engaged  us  in,  we  moved  a  general  postponement  of  the  report 
on  the  title,  hoping  this  would  cut  up  the  whole  matter  by  the 
roots.  It  was  carried.  And  even  after  this  Lee  hung  with 
obstinacy  to  the  idea  of  putting  it  on  the  files  of  the  House. 

Through  the  whole"  of  this  base  business  I  have  endeavored 
to  mark  the  conduct  of  General  Washington.  I  have  no  clew 
that  will  lead  me  fairly  to  any  just  conclusion  as  to  his  senti 
ments.  I  think  it  scarce  possible,  but  he  must  have  dropped 
something  on  a  subject  which  has  excited  so  much  warmth. 
If  he  did,  it  was  not  on  our  side,  or  I  would  have  heard  it. 
But  no  matter.  I  have,  by  plowing  with  the  heifer  of  the 
other  House,  completely  defeated  them. 

Mr.  Carrol  rose  and  opposed  the  imperfect  resolution  be 
ing  put  on  the  files  by  order  of  the  House.  I  seconded  him 
in  opposing  this,  as  putting  such  a  thing  on  the  files  by  special 
order  of  the  House  was  giving  it  an  authority  which  no  post 
poned  paper  should  have,  and  carried  the  air  of  adoption. 
Papers  were  never  specially  ordered  on  the  files  but  with  a 
view  of  perpetuating  information.  A  special  order  for  put 
ting  on  the  files  would  hereafter  be  considered  as  an  adoption, 
this  part  of  this  motion  being  lost  by  a  general  postponement 
of  the  report. 

Mr.  Morris  rose  after  the  question  had  been  carried,  and 
expressed  his  dislike  of  the  title,  viz.,  Highness  and  Protector 
of  the  Rights  of  America.  He  said  the  protection  lay  with 
the  whole  Congress.  He  was  right  in  his  remarks,  but  he  was 
told  the  question  was  carried.  Mr.  Carrol  expressed  great 
dislike  at  the  fore  part  of  the  motion,  which  stated  the  acts  of 
the  Senate  to  be  in  favor  of  titles,  when,  in  fact,  no  such  reso 
lution  ever  had  passed  the  Senate.  I  rose  and  moved  a  divis 
ion  of  the  motion.  Was  immediately  seconded  by  Mr.  Car 
rol.  Xow  a  long  debate  ensued.  Mr.  Elsworth  traversed 
the  field  of  titles  over  again.  Dr.  Johnson  spoke  much  more 
to  the  point.  Mr.  Patterson,  after  reading  over  the  motion, 
was  of  opinion  that  a  division  should  take  place  at  the  word 


36  JEALOUSY  BETWEEN  THE  HOUSES.  [1789 

"  Senate."  I  was  also,  with  Mr.  Morris,  of  opinion  that  the 
division  would  stand  best  at  this  place.  I  withdrew  my  mo 
tion  and  seconded  his  for  the  division  from  the  word  "  Sen 
ate."  The  division  was  full  enough  to  answer  all  the  purposes 
which  they  avowed,  taking  it  at  this  place.  But  it  is  evident 
they  have  not  given  up  the  idea  of  titles,  and  seem  insultingly 
to  say  so  to  the  House  of  Representatives.  Affectation  of 
simplicity  is  directly  charged  on  the  other  House.  This  they 
amended  by  putting  in  the  word  appearance. 

I  endeavored  to  draw  my  principal  argument,  when  last 
up,  from  the  unfairness  of  the  fore  part.  It  expressly  recited 
a  determination  of  the  Senate  to  grant  titles.  No  such  resolu 
tion  had  ever  passed.  It  might  be  implied  that  the  Senate 
were  in  favor  of  titles,  but  why  refer  to  a  resolution  that  did 
not  exist  ?  Accommodation  was  the  principle  held  out.  But 
was  ever  [a]  thing  done  with  so  ill  grace  ?  It  was  saying, 
"  We  meet  you  on  the  principles  of  accommodation,  but  you 
are  completely  wrong,  and  we  are  perfectly  right."  Can  any 
good  come  of  such  accommodation  ?  Mr.  Carrol  declared 
that  the  idea  held  forth  was  that  the  Senate  were  for  titles, 
but  it  was  well  known  they  were  not  all  for  titles.  He  was 
opposed,  and  so  were  sundry  other  gentlemen.  He  wished 
only  for  a  fair  question,  that  it  might  be  seen  who  were  for 
them  and  who  were  not.  He  wished  the  yeas  and  nays,  and 
let  the  world  judge.  Mr.  Few  declared  the  gentleman  had 
missed  the  opportunity  of  the  yeas  and  nays.  They  should 
have  been  called  when  the  report  against  titles  was  rejected. 
Mr.  Few  was  much  out  in  this,  for  there  were  but  three  of  us, 
and  he  need  not  have  made  his  remarks.  It  was  evident  that 
they  wished  to  prevent  the  yeas  and  nays.  The  question  was 
put.  The  House  divided.  Eight  with  us ;  ten  against  us. 
Mr.  Carrol  called  for  the  yeas  and  nays.  None  rose  with  him 
but  Mr.  Henry  and  myself,  and  for  want  of  another  man  we 
lost  them. 

The  committee  was  now  ordered  to  wait  on  the  President 
to  know  the  time  when  he  will  be  pleased  to  receive  the  ad 
dress  of  the  Senate.  The  report  of  the  joint  committee  on 
the  enrollment  of  papers  was  read,  and  the  House  adjourned. 

And  now  I  hope  we  have  disposed  of  a  business  [relating 


MAY  15]  LEE'S  AIM.  37- 

to  titles]  which  in  one  shape  or  other  has  engaged  almost  the 
whole  time  of  the  Senate  from  the  23d  of  April,  the  day  that 
our  Yice-President  began  it.  Had  it  not  been  for  Mr.  Lee  I 
am  firmly  convinced  no  other  man  would  have  ventured  to 
follow  our  Yice-President.  But  Lee  led,  Elsworth  seconded 
him,  the  New  England  men  followed,  and  Mr.  Izard  joined 
them,  but  really  hand  passibus  cequis,  for  he  was  only  for  the 
title  of  "  Excellency,"  which  had  been  sanctified  by  use.  Lee 
has  a  cultivated  understanding,  great  practice  in  public  busi 
ness,  with  a  factious,  restless  disposition.  He  has  acted  as  a 
high  priest  through  the  whole  of  this  idolatrous  business. 

It  is  easy  to  see  what  his  aim  is.  By  flattering  the  Presi 
dent  of  the  Senate  he  hopes  to  govern  all  the  members  from 
New  England  and,  with  a  little  assistance  from  Carolina  or 
Georgia,  to  be  absolute  in  the  Senate.  Elsworth,  and  some 
more  of  the  New  England  men,  flatter  him  in  turn,  expecting 
he  will  be  with  them  on  the  question  of  residence  [of  Con 
gress].  Had  it  not  been  for  our  Yice-President  and  Lee,  I  am 
convinced  the  Senate  would  have  been  as  averse  to  titles  as  the 
House  of  Representatives.  The  game  that  our  Yice-President 
and  Mr.  Lee  appear  to  have  now  in  view  is  to  separate  the 
Senate  as  much  as  possible  from  the  House  of  Representatives. 
Our  Yice-President' s  doctrine  is  that  all  honors  and  titles 
should  flow  from  the  President  [of  the  United  States]  and 
Senate  only.  But,  once  more,  subject  of  titles,  farewell ;  may 
I  never  hear  motion  or  debate  on  thee  more ! 

Memorandum :  The  fall  of  Rienzi,  the  Roman  reformer, 
who  split  on  the  rock  of  titles,  was  completely  in  point. 

May  15th. — Called  early  this  morning  on  Mr.  Scott.  I 
know  not  where  he  was,  but  I  did  not  find  him  until  the  fourth 
time  of  my  calling.  It  was  to  guard  him  on  the  subject  of 
appropriating  the  rooms  of  the  City  Hall.  This  is  a  deceitful 
business.  I  put  into  his  hands  a  form  of  a  report.  But  he 
does  not  seem  to  be  the  right  stuff  to  work  with  ;  but  I  have 
got  the  business  in  a  good  train,  and  Mr.  AYhite,  of  Yirginia, 
is  to  draw  a  report. 

Senate  met.  On  the  reading  of  the  minutes  Mr.  Few  got 
up  and  moved  warmly  that  the  minute  of  yesterday  on  the 
division  of  Mr.  Lee's  motion  should  be  struck  out.  Lee  was 


38  "HIS  EXCELLENCY  THE  VICE-PRESIDENT."          [1789 

for  it  in  a  moment.  By  these  means  the  vote  of  yesterday, 
which  respected  titles,  would  have  the  appearance  of  unanim 
ity.  It  was  opposed  by  Mr.  Carrol,  Elsworth,  and  myself. 
The  minute,  however,  remained.  The  committee  reported 
that  the  President  of  the  United  States  would  receive  our  ad 
dress  a  quarter  after  twelve  on  Monday.  It  was  said  we 
should  go  in  carriages. 

The  classing  report  was  called  for ;  the  ballots  were  drawn. 
I  fell  in  the  first  class.* 

The  Vice-President  now  informed  the  Senate  that  a  letter 
had  come  to  his  hand  which  he  supposed  was  intended  for 
him,  but  it  was  most  improperly  directed.  It  was  directed  to 
"  His  Excellency  the  Vice-President."  He  asked  the  opinion 
of  the  Senate,  laughingly,  and  concluded  it  was  against  all  rule. 
I  said  that  until  we  had  a  rule  obliging  people  to  be  regular 
we  must  submit  to  their  irregularities,  more  especially  of  this 
kind.  Mr.  Morris  said  the  majesty  of  the  people  would  do  as 
they  pleased.  All  this  I  considered  as  sportive.  But  he  [Mr. 
Adams]  put  a  serious  question,  Should  the  letter,  so  directed, 
be  read  ?  Langdon  and  sundry  others  said  yes ;  and  read  it 
was,  from  London,  the  printer,  offering  to  print  for  us.  Ad 
journed. 

I  can  not  help  here  noting  a  trait  of  insolence  in  Lee,  Els- 
worth,  and  Johnson.  This  committee  [of  titles]  take  on  them 
to  inform  the  committee  of  the  Representatives  that  the  Sen 
ate  would,  for  the  present,  address  the  President  under  the 
same  style  and  title  as  the  House  of  Representatives  had  given 
him.  This,  in  fact,  was  saying  the  Senate  will  do  what  we 
please.  Insolence,  indeed,  but  the  fact  justifies  it.  But,  with 
all  their  art,  I  have  balked  them  for  once. 

May  16th. — Settled  all  accounts  with  Mr.  Yandalsen,  and 
he  owes  me  twelve  shillings  and  sixpence.  Yisited  Mr.  Dai- 
ton  and  Mr.  Langdon.  Attended  the  committee  on  the  divid 
ing  the  rooms  ;  declared  my  sentiments  plainly,  with  all  respect 
to  the  residence  of  Congress.  It  was  brought  in  view  by  talk 
of  this  kind  :  that  from  here  we  would  go  ;  that  I  scorned  all 
private  trick  and  cabal  about  it,  and  would  openly,  at  all  times, 

*  The  short  term  of  two  years  in  the  Senate  (which  were  decided  by  lot), 
with  Mr.  Dalton,  Mr.  Elsworth,  Mr.  Elmer,  Mr.  Carrol,  and  Mr.  Grayson. 


MAY  16]  A  PETITION  FROM   PRINTERS.  39 

declare  for  a  departure  from  this  place.  Committee  to  meet 
on  Monday  at  ten. 

Senate  met.  A  message  came  from  the  House  of  Repre 
sentatives.  It  was  on  the  affair  of  a  joint  committee  on  news 
papers  and  employing  printers.  Sundry  petitions  had  come 
in  from  different  printers.  One  was  just  now  read  from  one 
Fenno.  I  moved  that  Fenno's,  and  all  petitions  of  a  similar 
nature,  should  be  referred,  for  information,  to  the  Committee 
on  Newspapers  and  Employing  Printers.  It  was  seconded. 
Elsworth  rose  in  great  warmth  and  opposed  it  violently.  Some 
more  of  the  New  England  men  joined  him.  It  really  seemed 
to  me  as  if  he  wished  to  try  whether  he  could  not  carry  any 
thing.  He  was,  however,  disappointed.  A  report  of  a  com 
mittee  for  revising  the  minutes  was  read.  The  petition  of  one 
Duncan  Campbell  was  read,  and  occasioned  sundry  remarks. 
Laid  on  the  table. 

The  address  to  the  President  was  now  produced  engrossed. 
The  word  "  to  "  disobliged  Elsworth,  and  a  long  debate  ensued 
about  it,  I  did  not  touch  the  trite  subject.  But  it  was  to  be 
signed,  and  here  a  mighty  difficulty  was  signified  from  the 
Chair,  and  the  wisdom  of  the  House  called  on  to  determine  if 
the  Chair  had  done  right.  Every  act  had  been  signed  "  J.  A., 
Yice-President,"  The  Yice-President  gave  this  information 
in  such  a  way  as  left  nobody  in  doubt  that  his  opinion  went 
with  the  practice.  Mr.  Carrol  got  up  and  said  he  thought  it 
a  matter  of  indifference,  and  concluded  that  he  agreed  it  should 
be  signed  "  Yice-President."  His  looks,  I  thought,  betrayed 
dissent.  But  the  goddess  of  good  nature  will  apologize  for 
this  slight  aberration  from  sentimental  rectitude.  He  has  for 

o 

some  time  past  been  equally  with  myself  opposed  to  the  opin 
ions  of  the  Chair,  and  this  was  his  peace-offering.  About  two 
weeks  ago  I  was  with  Mr.  Eead,  of  the  Delaware  State,  in  the 
upper  gallery  of  the  House  of  Representatives.  A  message 
came  from  the  Senate.  The  signature  was  read  aloud  :  "  John 
Adams,  Yice-President."  Mr.  Read  turned  to  me  and  said, 
"This  is  wrong."  Yet  Mr.  Read  now  made  a  very  long 
speech,  declaring  there  was  no  impropriety  in  it.  Mr.  Lee 
hinted,  very  diffidently,  his  disapprobation  of  it.  Mr.  Morris 
said  our  acts  should  be  signed  by  our  Yice-President.  Mr. 


40  HOW  SHALL  THE  VICE-PRESIDENT  SIGN?  [1789 

Elswortli  showed  some  inconvenience  that  would  attend  this 
practice. 

I  rose.  Said  the  very  term  Vice-President  carried  on  the 
face  of  it  the  idea  of  holding  the  place  of  the  President  in  his 
absence ;  that  every  act  done  by  the  Vice-President  as  such 
implied  that  when  so  acting  he  held  the  place  of  the  President. 
In  this  point  of  view  nothing  could  be  more  improper  than 
the  Vice-President  signing  an  address  to  the  President.  It 
was  like  a  man  signing  an  address  to  himself.  That  the  busi 
ness  of  the  Vice-President  was  when  he  acted  exactly  the  same 
with  that  of  President,  and  could  not  mix  itself  with  us  as  a 
Senate. 

Here  the  Vice-President  tried  very  hard  to  raise  a  laugh. 
Seeing  him  willing  to  bear  me  down,  I  continued :  "  Sir,  we 
knoAV  you  not  as  Vice-President  within  this  House.  As  Presi 
dent  of  the  Senate  only  do  we  know  you.  As  President  of 
the  Senate  only  can  you  sign  or  authenticate  any  act  of  that 
body.''  He  said  after  I  sat  down  that  he  believed  he  need  not 
put  the  question  ;  a  majority  of  those  who  had  spoken  seemed 
to  be  in  favor  of  his  signing  as  President  of  the  Senate.  Mr. 
Carrol  said  he  need  not  put  the  question,  and  none  was  put. 
Adjourned. 

May  17th,  Sunday. — Stayed  at  home  all  this  day  and 
bathed.  Wrote  letters  to  sundry  persons.  Did  not  go  out 
until  four  o'clock,  when  I  thought  it  warm  enough.  Called  at 
the  lodgings  of  Mr.  Fitzsimons  and  Clymer.  They  had  gone 
to  Brunswick.  Walked  to  the  Speaker's  house.  We  walked 
to  Cuyler's  Hook.  The  east  wind  blew  raw  and  cold.  I  left 
them  and  came  home.  Found  myself  rather  indisposed. 
Caught  some  cold  in  my  walk  and  was  the  worse  for  it.  I 
never  had  been  in  a  place  remarkable  for  such  variable  weath 
er.  Set  out  when  one  will,  with  ever  such  agreeable  sunshine, 
I  never  have  been  able  to  go  two  miles  and  return  without  a 
change  of  air.  The  wind  which  crosses  the  North  [Hudson] 
River  is  cold.  But  there  is  a  rawness  in  the  east  wind  that, 
with  me,  seems  to  clog  the  springs  of  life.  Mr.  Scott,  how 
ever,  from  Washington  County  [Pennsylvania],  has  experi 
enced  a  favorable  revolution  in  his  health  since  he  came  here. 

May  18th,  Monday. — Attended  the  Hall  at  ten  o'clock  on 


MAY  18]    SENATE  ANSWERS  WASHINGTON'S  ADDRESS.  £1 

what  was  called  the  arrangement  committee,  but  they  did  not 
meet,  and  nothing  was  done ;  general  discourse  only  obtained 
among  [the  members],  principally  on  the  necessity  of  our  re 
moval  to  the  permanent  residence.  "White,  Sturges,  and  Scott 
were  with  me. 

Senate  met.  The  address  [to  the  President]  was  read  over, 
and  we  proceeded  in  carriages  to  the  President's  to  present  it. 
Having  no  part  to  act  but  that  of  a  mute,  I  had  nothing  to  em 
barrass  me.  We  were  received  in  an  antechamber.  Had  some 
little  difficulty  about  seats,  as  there  were  several  wanting,  from 
whence  may  be  inferred  that  the  President's  major-domo  is 
not  the  most  provident,  as  our  numbers  were  well  enough 
known.  We  had  not  been  seated  more  than  three  minutes 
when  it  was  signified  to  us  to  wait  on  the  President  in  his 
levee-room.  The  Yice-President  went  foremost,  and  the  Sena 
tors  followed  without  any  particular  order.  We  made  our 
bows  as  we  entered,  and  the  Yice-President,  having  made  a 
bow,  began  to  read  an  address.  He  was  much  confused. 
The  paper  trembled  in  his  hand,  though  he  had  the  aid  of 
both  by  resting  it  on  his  hat,  which  he  held  in  his  left  hand. 
He  read  very  badly  all  that  was  on  the  front  pages.  The 
turning  of  the  page  seemed  to  restore  him,  and  he  read  the 
rest  with  more  propriety.  This  agitation  was  the  more  re 
markable,  as  there  were  but  twenty-two  persons  present  and 
none  of  them  strangers. 

The  President  took  his  reply  out  of  his  coat-pocket.  He 
had  his  spectacles  in  his  jacket-pocket,  having  his  hat  in  his 
left  hand  and  the  paper  in  his  right.  He  had  too  many  ob 
jects  for  his  hands.  He  shifted  his  hat  between  his  forearm 
and  the  left  side  of  his  breast.  But  taking  his  spectacles  from 
the  case  embarrassed  him.  He  got  rid  of  this  small  distress 
by  laying  the  spectacle-case  on  the  chimney-piece.  Colonel 
Humphreys  stood  on  his  right,  Mr.  Lear  on  his  left.  Having 
adjusted  his  spectacles,  which  wras  not  very  easy,  considering 
the  engagements  on  his  hands,  he  read  the  reply  with  tolerable 
exactness  and  without  much  emotion.  I  thought  he  should 
have  received  us  with  his  spectacles  on,  which  would  have 
saved  the  making  of  some  uncouth  motions.  Yet,  on  the 
whole,  he  did  nearly  as  well  as  anybody  could  have  done  the 


42  PENNSYLVANIANS  ATTEND  THE  LEVEE.  [1789 

same  motions.  Could  the  laws  of  etiquette  have  permitted 
him  to  have  been  disencumbered  of  his  hat,  it  would  have  re 
lieved  him  much. 

After  having  read  his  reply,  he  delivered  the  paper  to  the 
Yice-President  with  an  easy  inclination,  bowed  around  to  the 
company,  and  desired  them  to  be  seated.  This  politeness 
seems  founded  on  reason,  for  men,  after  standing  quite  still 
some  time,  want  to  sit,  if  it  were  for  only  a  minute  or  two. 
The  Yice-President  did  not  comply,  nor  did  he  refuse,  but 
stood  so  long  that  the  President  repeated  the  request.  He 
declined  it  by  making  a  low  bow,  and  retired.  We  made  our 
bows,  came  out  to  the  door,  and  waited  till  our  carriages  took 
us  up.  Colonel  Humphreys  waited  on  us  to  the  door. 

Keturned  [to  the  Hall].  Senate  formed.  The  address  and 
reply  were  ordered  on  the  minutes.  The  Clerk  of  the  House 
of  Representatives  brought  up  the  Impost  bill.  Thursday 
was  assigned  for  it.  Some  petitions  were  read,  and  the  House 
adjourned. 

May  19th. — Paid  visits  to  ten  o'clock.  Attended  at  the 
City  Hall,  but  the  arranging  committee  did  not  meet.  Senate 
met  at  eleven.  A  report  was  taken  up  regulating  the  mode  of 
keeping  the  journals,  and  directing  them  to  be  published 
monthly.  Agreed  to,  and  the  committee  appointed  to  prepare 
them  for  the  press.  Adjourned.  I  was  not  of  any  committee, 
so  went  into  the  House  of  Representatives  to  hear  the  debates. 
The  House  was  in  committee  of  the  whole  on  the  establish 
ment  of  the  great  departments.  Stayed  until  after  two  o'clock. 

Had  agreed  with  sundry  of  our  Pennsylvania  friends  to  go 
to  the  levee.  General  Muhlenberg  came  to  me  and  told  me 
they  would  meet  me  in  the  committee-room.  We  did  so,  arid 
went  to  the  levee.  I  went  foremost,  and  left  them  to  follow 
and  do  as  wTell  as  they  could.  Indeed,  they  had  no  great  thing 
of  a  pattern,  for  I  am  but  a  poor  courtier.  The  company  was 
large  for  the  room.  The  foreign  Ministers  were  there,  Van 
Berkel,  the  Dutch  Minister  (for  the  first  time,  I  suppose), 
gaudy  as  a  peacock.  Our  Pennsylvanians  withdrew  before 
me.  The  President  honored  me  with  a  particular  tete-a-tete. 
"  How  will  this  weather  suit  your  farming  ? "  "  Poorly,  sir  ; 
the  season  is  the  most  backward  I  have  ever  known.  It  is 


MAY  20]  A  STROLL  IN  THE  BOWERY.  43 

remarkably  so  here,  but  by  letters  from  Pennsylvania  vegeta 
tion  is  slow  in  proportion  there."  "  The  fruit,  it  is  to  be  ex 
pected,  will  be  safe ;  backward  seasons  are  in  favor  of  it,  but 
in  Virginia  it  wTas  lost  before  I  left  that  place."  "  Much  de 
pends  011  the  exposure  of  the  orchard.  Those  with  a  northern 
aspect  have  been  found  by  us  [in  Pennsylvania]  to  be  the 
most  certain  in  producing  fruit."  "  Yes,  that  is  a  good  ob 
servation  and  should  be  attended  to."  Made  my  bow  and 
retired. 

May  20th. — I  attended  at  the  Hall  about  half  after  ten 
o'clock.  The  committee  did  not  meet  me.  Senate  met,  but 
there  was  no  business  done.  Adjourned,  that  the  committee 
might  go  to  work.  I  thought  I  got  cold  yesterday  in  the 
House  of  Representatives,  and  set  off  to  come  home.  Colonel 
Few  overtook  me,  and  we  took  a  long  walk  to  view  the  gar 
dens  of  a  Dutchman  who  lives  beyond  the  Bowery.  Spent 
some  time,  with  a  degree  of  satisfaction,  viewing  his  harmless 
and  silent  little  beauties  of  the  garden.  On  the  road  Mr.  Few 
threw  out  many  generous  sentiments  on  the  subject  of  the 
temporary  residence.  The  general  belief  is,  however,  that  he 
is  favorable  to  this  place  [New  York].  Returned  and  felt 
nothing  the  better  for  my  walk.  Stayed  at  home  the  residue 
of  the  day.  Mr.  Clymer  and  Mr.  Fitzsimons  called  to  see  us. 
Xothing  remarkable. 


44  THE  FIRST  TARIFF  DEBATE.  [1789 


CHAPTEE  II. 

THE    FIRST   TARIFF    DEBATE. 

May  21st. — Went  about  half  after  nine  to  Mr.  Morris' 
lodgings.  He  was  out,  but  was  expected  in.  Stayed  until  ten, 
then  went  to  the  Hall  and  stayed  until  the  Senate  met.  Our 
Vice-President  is  progressive  in  reformation.  He  used  to  keep 
us  until  half  after  eleven,  or  a  quarter  at  least.  He  was  here 
this  day  at  eight  or  ten  minutes  before  eleven,  and,  strange  to 
tell,  he  was  without  a  sword. 

The  Impost  bill,  being  the  order  of  the  day,  was  taken  up 
.  and  postponed  until  Monday.  A  resolution  was  handed  to  the 
Chair  by  Elsworth.  It  was  for  the  Senate  forming  something 
like  a  committee  of  the  whole.  However,  it  seemed  to  amount 
to  nothing  more  than  a  suspension  of  our  rules  for  the  time 
mentioned  or  alluded  to  in  it.  Adjourned.  I  returned  home 
to  write  letters. 

An  idea  has  gone  abroad  that  the  mercantile  interest  has 
been  exerted  to  delay  this  [impost]  bill.  The  merchants  have 
undoubtedly  regulated  the  prices  of  their  goods  agreeable  to 
the  proposed  duties,  so  that  the  consumers  of  dutied  articles 
really  pay  the  whole  of  the  impost ;  and  whatever  the  proposed 
duties  exceed  the  State  duties  now  paid  is  clear  gain  to  the 
merchant.  Some  of  them,  indeed,  dispute  the  payment  of  the 
State  impost.  The  interim  collection  bill  is  rejected  in  the 
Lower  House,  and  the  reason  given  is  the  most  loose  I  ever 
heard  assigned,  viz.,  "  It  was  said  a  better  one  was  forming." 
Surely  this  was  no  parliamentary  reason.  Had  any  new  bill 
been  offered  to  the  House,  had  any  been  in  the  hands  of  a 
committee,  the  reason  would  have  justified  the  measure ;  but 
because  it  is  said  Mr.  Williams,  of  Baltimore,  is  making  one  of 


MAY  22]  "VICE-PRESIDENT  IS  MY  TITLE."  45 

his  own  motion,  and  without  any  order  of  the  House,  it  is  not 
so  proper.  Perhaps  it  may  turn  out  best. 

May  £2d. — Attended  at  the  Hall  at  ten  o'clock,  and  waited 
a  whole  hour  for  the  committee  for  arranging  the  rooms. 
They  did  not  meet.  The  Senate  met.  Soon  after,  the  Clerk 
of  the  Lower  House  attended  with  the  bill  for  taking  the  oaths, 
which  was  presented  to  the  Chair.  The  Yice-President  rose 
and  addressed  the  House  :  "  I  have,  since  the  other  day,  when 
the  matter  of  my  signing  was  talked  of  in  the  Senate,  exam 
ined  the  Constitution.  I  am  placed  here  by  the  people.  To 
part  with  the  style  given  me  is  a  dereliction  of  my  right.  It 
is  being  false  to  my  trust.  Yice-President  is  my  title,  and  it 
is  a  point  I  will  insist  upon."  He  said  several  other  things, 
then  paused  and  looked  over  the  bill.  He  then  addressed  the 
Senate  again,  and  with  great  positiveness  told  them  that  he 
would  sign  it  as  Yice-President  of  the  United  States  and  Presi 
dent  of  the  Senate.  He  asked  Mr.  Lee  if  it  had  been  com 
pared,  and  handed  it  to  Mr.  Lee.  I  can  not  say  whether  he 
signed  it  before  he  spoke  to  Mr.  Lee  or  after,  but  it  was  not 
read  nor  was  any  question  whatever  put  upon  it — whether  it 
should  be  read,  whether  it  should  be  signed,  or  any  other  mo 
tion  whatever.  Mr.  Elsworth  got  up  and  declared  himself 
satisfied  with  that  way  of  signing  it.  Mr.  Strong  got  up  and 
thought  it  should  be  Yice-President  alone.  This  certainly  is  a 
most  egregious  insult  to  any  deliberative  body,  but,  as  Patter 
son  told  me  a  day  or  two  after  the  gracious  affair  *  that  if  I 
had  not  opposed  that  measure  somebody  else  would,  I  deter 
mined  to  see  who  would  oppose  this — arid  all  was  silence. 

Adjourned  till  Monday  at  eleven  o'clock. 

Called  on  Mr.  Morris  this  afternoon.  Told  him  that  mur 
murs  were  abroad  against  the  conduct  of  the  Congress ;  that, 
although  the  duty  was  not  collected  for  the  use  of  the  public, 
yet,  as  the  rates  were  in  the  possession  of  everybody,  the  mer 
chants  had  raised  their  goods  in  proportion ;  that  the  public 
was  now  in  the  act  of  paying,  and  the  merchants  gainers,  for 
the  public  treasury  got  nothing  ;  that  commercial  influence 
was  blamed  for  the  delay.  He  replied,  "  I  suppose  they  blame 

*  See  under  date  May  1,  1789. 


46      THE  MERCHANTS  GAINERS— THE  PUBLIC  LOSERS.    [1789 

me."  I  answered,  "  These  things  were  said  before  he  came  to 
town."  I  desired  him  to  appoint  some  time  when  I  could  wait 
on  him  in  order  to  examine  the  Impost  bill,  that  we  might  be 
prepared  with  any  amendments  which  we  would  offer.  He 
appointed  Sunday  at  9  A.  M.  I  asked  his  opinion  as  to  the 
height  of  the  duties  generally.  He  said  he  wished  to  see  the 
bill  for  collection,  and  to  know  under  what  penalties  smug 
gling  would  be  prohibited,  that  from  them  he  could  form  an 
opinion  whether  they  were  too  high  or  not.  I  replied  that 
they  would  not  be  too  high  with  regard  to  the  amount  of  the 
revenue  raised,  and  I  would  have  the  penalties  and  prohibitions 
against  smuggling  as  severe  as  possible ;  and  if,  under  the  cir 
cumstances,  the  depravity  and  villainy  of  people  would  render 
the  impost  unproductive,  it  would,  at  least,  demonstrate  the 
necessity  of  adopting  some  other  mode  of  supplying  the 
treasury. 

May  %3d,  Saturday. — This  a  fine  day  and  all  the  world  are 
run  a-gadding.  Mr.  Dennis  called  this  morning.  He  says  the 
ship  Chesapeake  from  Bengal  is  unloading  at  Amboy.  The 
duties  on  this  ship  would,  by  this  act,  have  been  about  eight 
thousand  pounds ;  some  say  ten.  I  am  much  distressed  with 
the  delays  of  Congress.  The  reputation  of  our  Administration 
will  be  ruined.  The  merchants  have  already  added  the  amount 
of  the  duties  to  the  price  of  goods.  In  this  point  of  view  the 
impost  is  levied,  but  not  a  farthing  goes  into  the  Treasury  of 
the  United  States  ;  and  all  the  difference  between  the  State 
duties  levied  and  the  proposed  duties  is  clear  gain  to  the  mer 
chants.  In  the  Jerseys  it  is  all  clear  gain,  for  they  have  no 
duties,  and  vessels  are  daily  crowding  there  to  store  their  goods 
until  the  impost  takes  place.  Delany's  estimate  of  the  impost 
for  Pennsylvania  for  the  year  was  $863,623—323,858  : 12  :  6. 
Half  of  this  taken  for  the  spring  importation  is  $161,929 : 6 : 6  ; 
as  Pennsylvania  is  supposed  one  eighth  of  the  Union,  if  we  were 
adopting  States,  the  loss  would  be  $1,295,434:10;  and  the 
devil  of  it  is  that  the  sum  will  actually  be  paid  by  the  con 
sumers. 

I  could  not  bear  my  own  thoughts  on  this  subject  any 
longer.  I  considered  it  as  my  duty  to  go  and  rouse  our  Penn 
sylvania  members.  I  called  on  the  Speaker  and  his  brother 


MAY  24]  DELAY  IN  THE   TARIFF  BILL.  47 

first.  They  admitted  all  I  said.  From  there  I  went  to  Mr. 
Scott.  He  said  it  was  undeniable.  I  endeavored  to  rouse  all 
of  them.  From  there  I  went  to  the  lodgings  of  Mr.  Fitzsimons 
and  Mr.  Elsworth ;  found  Mr.  Fitzsimons,  declared  my  mind 
with  great  freedom,  and  he  heard  me  with  more  patience  than 
ever  I  remember.  He  said  he  wished  he  had  stuck  to  this 
business  from  the  beginning  ;  that  he  had  brought  this  draft  of 
a  bill  which  was  committed  to  Gerry,  Lawrence,  and  himself. 
He  left  it  with  Lawrence,  being  an  official  man,  to  correct ; 
that  Lawrence  kept  it  three  weeks  and  did  nothing;  that 
Gerry  then  took  it,  and  kept  it  two  weeks,  and  put  it  in  the 
hands  of  Mr.  Williams,  of  Baltimore,  who  had  kept  it  until 
within  three  or  four  days ;  that  it  came  from  Williams  a  most 
voluminous  thing  of  more  than  forty  pages ;  that  he  would 
now  stick  to  it  until  it  was  finished. 

There  could  not  have  been  selected  within  the  walls  of  the 
House  two  such  improper  characters  as  Gerry  and  Lawrence  : 
Gerry  highly  anti-Federal,  married,  and  intimately  connected 
with  the  trade  of  this  place ;  Lawrence,  of  New  York,  a  mere 
tool  for  British  agents  and  factors.  Nothing  else  could  have 
been  expected.  The  foregoing  calculation,  founded  on  De- 
lany's  estimate,  is  certainly  much  too  high.  But  if  we  suppose 
the  port  of  Philadelphia  to  receive  one  fifth  only  of  the  impor 
tations,  and  throw  one  half  off  for  errors  and  accidents,  yet 
still  the  loss  sustained  will  be  near  a  million  and  a  half  of  dol 
lars,  and  the  greater  part  of  this  sum  actually  remains  as  profit 
to  the  merchant.  Mr.  Fitzsimons  has  promised  that  the  bill 
shall  be  reported  on  Monday.  The  Speaker  has  promised  to 
go  among  the  members  and  rouse  them  all  in  his  power.  For 
my  part,  think  what  they  will  of  me,  I  will  not  be  silent. 

May  21fth. — Being  Sunday,  I  attended  Mr.  Morris,  agree 
able  to  appointment.  We  did  not  perfectly  agree  about  the 
preamble  of  the  bill,  but  there  was  no  difference  of  conse 
quence.  It  was  verbal  only.  We  came  to  the  discrimination 
between  nations  in  treaty  and  those  not.  Here  we  differed. 
He  was  totally  against  it.  He  used  arguments.  I  made  some 
reply,  but  each  retained  his  opinion.  Mr.  Morris  said  the  teas 
would  bear  more.  He  said  double,  and  I  agreed  to  it.  I  al 
leged  that  all  seven  and  a  half  ad  valorem  articles  should  be 


48  THE  PRESIDENT'S  SALARY.  [1789 

raised  at  least  to  ten  per  cent.  Mr.  Morris  seemed  of  the  same 
way  of  thinking.  Mr.  Morris,  however,  suddenly  exclaimed  : 
"  Let  us  go  to  Fitzsimons,  he  knows  all  about  it ;  he  has  been 
thinking  on  the  subject.  I  want  to  go  and  take  a  stroll  some 
where."  I  thought  by  this  he  did  not  like  close  thinking.  I 
have  been  of  this  opinion  before  now.  He  has,  however,  a 
strong  and  vigorous  mind  when  it  does  act.  To  Fitzsimons 
we  went  and  found  him  very  busy  at  the  bill.  Mr.  Carrol,  of 
the  Representatives,  came  in.  We  got  on  the  discrimination. 
We  were  all  of  a  different  opinion  from  Mr.  Morris.  We 
asked  Mr.  Fitzsimons  the  reason  of  so  many  articles  being  at 
seven  and  a  half,  which  we  thought  should  be  ten,  along  with 
glass  and  china.  He  said  there  really  was  no  reason  for  it, 
but  the  House  would  not  agree  to  it. 

Mr.  Morris  proposed  a  jaunt  to  the  Narrows,  but  no  boat 
could  be  got.  We  then  walked  up  the  North  River  to  one 
Brannan's,  who  has  the  greenhouse  and  gardens.  Here  we 
dined.  Mr.  Morris  often  touched  me  on  the  subject  of  my 
dislike  to  the  Yice-President.  We  got  on  the  subject  of  their 
salaries.  Mr.  Morris  mentioned  $20,000  for  the  President  and 
$8,000  for  the  Yice-President.  I  opposed  both,  but  it  was  in 
the  funny  way,  all  of  it.  At  one  time,  however,  when  Mr. 
Morris  was  absent,  I  spoke  seriously  to  Fitzsimons,  saying  the 
old  proverb  must  be  reversed.  Here  it  was,  "  Be  no  service,  but 
salary."  Mr.  Morris  had  alleged  that  the  Yice-President  must 
see  the  foreign  ministers,  etc.,  as  the  President  could  not,  and 
the  salary  was  to  enable  him  to  do  so.  And  what  obligation  is 
he  under  to  do  so  ?  Some  of  the  Presidents  of  Pennsylvania 
have  had  £1,250  to  enable  them  to  see  strangers.  Some  have 
not  spent  £10  per  annum  in  that  way.  They  had  hinted  so 
often  at  my  dislike  of  the  Yice-President  that  after  dinner  I 
gave  them  one  of  his  speeches  in  the  Senate.  Was  this  pru 
dent  ?  'No.  But  I  never  was  a  prudent  man. 

Strolled  after  dinner  about  the  house  taken  by  the  Yice- 
President.  Sat  in  the  shade.  Crossed  through  the  fields  and 
came  at  length  to  Baron  Polnitz.  This  man  we  found  sensible 
and  well  informed.  He  has  studied  agriculture,  and  has  more 
machines  in  that  way  than  I  have  seen  before.  I  have  heard 
him  spoken  rather  disrespectfully  of.  This,  however,  I  sup- 


MAY  25]  GENERAL   KNOX  VISITS  THE  SENATE.  49 

pose,  flowed  from  the  force  of  our  old  habits,  derived  from  the 
English,  who  seldom  speak  well  of  a  foreigner.  I  will  see 
him  again.  It  is  said  he  lias  moved  in  the  higher  stations 
of  life  and  seen  much.  But  I  intend  to  hear  from  him,  and 
perhaps  will  hear  more  of  him  in  tiic  mean  time. 

May  %5th. — Wrote  letters  to  my  family.  Went  early  this 
morning  to  the  Hall.  The  Senate  met.  The  Impost  bill  was 
taken,  and,  according  to  Elsworth's  resolution,  we  were  to  act 
as  if  in  a  committee  of  the  whole.  But  the  Tice-President 
kept  the  chair,  and  I  thought  it  made  Mr.  Elsworth  look  fool 
ish.  A  message  was  announced  from  the  President  by  Gen 
eral  Knox.  According  to  the  resolution  we  were  in  committee, 
but  the  Yice-President  kept  the  chair,  and  the  General  Knox 
advanced  and  laid  the  papers — being  very  bulky — on  the  table. 
The  Yice-President  had  given  us  a  speech  before  the  minutes 
were  read,  on  the  subject  of  receiving  a  message  from  the 
President.  His  supreme  delight  seems  to  be  in  etiquette.  But 
I  really  believe  he  had  a  further  view  in  it.  The  entry  on  the 
minutes  for  Friday  did  not  appear  to  me  to  correspond  with 
the  facts.  There  was  something  that  imported  the  bill  being 
reported  by  the  committee  that  composed  it,  and  the  minute 
read  that  the  Vice- President  signed  it.  I  determined  I  would 
not  imbroil  myself  with  him  if  possible,  and  nobody  made  any 
observation.  By  making  his  observations  at  this  time,  he  di 
verted  the  attention  of  the  Senate  from  the  minutes. 

We  sat  on  the  Impost  bill,  and  debated  long  on  the  style  of 
the  enacting  clause.  It  was  an  old  field,  and  the  same  argu 
ments  were  used  which  had  formerly  been  advanced ;  but  the 
style  of  the  law  which  had  already  passed  was  adopted.  Now 
came  the  first  duty  of  twelve  cents  on  spirits  of  Jamaica  proof. 
We  debated  until  quarter  past  three,  and  it  was  reduced  to 
eight.  Adjourned. 

When  I  came  home  in  the  evening  I  told  Mr.  Wynkoop 
the  business  of  the  day.  He  said  things  of  this  kind  made 
him  think  whether  our  style  of  government  in  Pennsylvania 
was  not  best.  Certain  it  is  that  a  government  with  so  many 
branches  affords  a  larger  field  for  caballing ;  first  in  the  Lower 
House,  and  the  moment  a  party  finds  a  measure  lost  or  likely 
to  be  lost,  all  engines  are  set  to  work  in  the  Upper  House.  If 
4 


50  "YOU  ARE  AGAINST  TITLES."  [1789 

they  are  likely  to  fail  here,  the  last  attempt  is  made  with  the 
President,  and,  as  most  pains  are  always  taken  by  bad  men  and 
to  support  bad  measures,  the  calculation  seems  in  favor  of  the 
exertions  and  endeavors  that  are  used  more  than  in  the  just 
ness  of  the  measure.  On  the  other  hand,  a  fuller  field  is  open 
for  investigation,  but,  unfortunately,  intrigue  and  cabal  take 
place  of  fair  inquiry.  Here  an  observation  forces  itself  upon 
me :  that,  in  general,  the  further  any  measure  is  carried  from 
the  people,  the  less  their  interests  are  attended  to. 

I  fear  that  our  impost  will  be  rendered  in  a  great  measure 
unproductive.  This  business  is  the  work  of  the  New  England 
men.  They  want  the  article  of  molasses  quite  struck  out,  or, 
at  least,  greatly  reduced ;  therefore  they  will  strike  at  every 
thing,  or,  to  place  it  in  a  different  point  of  view,  almost  every 
part  will  be  proscribed  either  by  one  or  other  of  those  who 
choose  to  be  opponents,  for  every  conspirator  must  be  indulged 
in  the  sacrifice  of  his  particular  enemy.  I  called  on  Mr.  Fitz- 
simons  some  time  ago  to  express  my  fears  on  this  very  head, 
and  I  wished  him  to  consent  to  a  reduction  of  the  molasses 
duty  to  four  cents,  to  avoid  a  thing  of  this  kind  ;  but  I  was  not 
attended  to.  Indeed,  I  thought  he  had  the  best  right  to  know. 
I  felt  too  much  confidence  about  that  time  in  the  return  of 
Mr.  Morris. 

May  26th.— Attended  the  Hall  early.  Was  the  first.  Mr. 
Morris  came  next,  the  Yice-President  next.  I  made  an  apol 
ogy  to  the  Yice-President  for  the  absence  of  our  chaplain,  Mr. 
Linn.  There  had  been  some  conversation  yesterday  in  the 
Senate  about  the  style  of  the  Bishop.  It  had  been  entered  on 
the  minutes  right  reverend.  The  Yice-President  revived  the 
discourse  ;  got  at  me  about  titles.  I  really  never  had  opened 
my  mouth  on  the  affair  of  yesterday.  He,  however,  addressed 
to  me  all  he  said,  concluding  :  "  You  are  against  titles.  But 
there  are  no  people  in  the  world  so  much  in  favor  of  titles  as 
the  people  of  America ;  and  the  Government  never  will  be 
properly  administered  until  they  are  adopted  in  the  fullest 
manner."  "  We  think  differently,  indeed,  on  the  same  subject. 
I  am  convinced  that  were  we  to  adopt  them  in  the  fashion  of 
Europe,  we  would  ruin  all.  You  have  told  us,  sir,  that  they 
are  idle  in  a  philosophic  point  of  view.  Governments  have 


MAY  26]  NATIONS  IN  COMMERCIAL  TREATY.  51 

been  long  at  odds  with  common  sense.  I  hope  the  conduct  of 
America  will  reconcile  them.  Instead  of  adding  respect  to 
government,  I  consider  that  they  would  bring  the  personages 
who  assume  them  into  contempt  and  ridicule." 

Senate  met.  After  some  motions  as  to  the  business  which 
should  be  taken  up,  and  the  appointment  of  a  committee  of 
conference  on  the  mode  of  receiving  communications  from  the* 
President,  the  impost  was  taken  up.  There  was  a  discrimina 
tion  of  live  cents  in  favor  of  nations  having  commercial  trea 
ties  with  us  per  gallon  on  Jamaica  spirits.  Then  rose  against 
all  discrimination,  Mr.  Lee,  Mr.  Dalton,  Mr.  Izard,  Mr.  Mor 
ris,  Mr.  Wirigate,  and  Mr.  Strong.  At  first  they  rather  gave 
opinions  than  any  arguments.  I  declared  for  the  discrimina 
tion  ;  that  if  commercial  treaties  were  of  any  use  at  all,  na 
tions  in  treaty  should  stand  on  better  terms  than  those  who 
kept  at  a  sulky  distance ;  but,  if  we  now  treated  all  alike,  we 
need  never  hereafter  propose  a  commercial  treaty.  I  asked  if 
we  were  not  called  on  by  gratitude  to  treat  with  discrimina 
tion  those  nations  who  had  given  us  a  helping  hand  in  the 
time  of  distress.  Mr.  Carrol  rose  on  the  same  side  with  me. 
I  was,  however,  answered  from  all  sides.  All  commercial  trea 
ties  were  condemned.  It  was  echoed  from  all  parts  of  the 
House  that  nothing  but  interest  governed  all  nations.  My 
very  words  were  repeated  and  contradicted  in  the  most  pointed 
terms.  I  never  had  delivered  anything  in  the  speaking  way 
on  which  I  was  so  hard  run.  Mr.  Strong,  who  is  but  a  poor 
speaker,  showed  ill-nature ;  said  nothing  like  reason  or  argu 
ment  had  been  offered.  It  was  insisted  that  this  discrimina 
tion  was  showing  an  inimical  disposition  to  Great  Britain ;  it 
was  declaring;  commercial  war  with  her. 

" 

I  had  to  reply  as  well  as  I  could.  I  alleged  that  these 
arguments  were  against  the  whole  system  of  administration 
under  the  old  Congress,  and,  in  some  measure,  against  the  en 
gagements  entered  into  by  that  body,  although  these  engage 
ments  were  sanctified  by  the  Constitution ;  that  Great  Britain 
had  nothing  to  do  in  this  business  ;  that  nations  in  treaty  were 
on  terms  of  friendship  ;  that  strangers  had  no  right  to  be 
offended  at  acts  of  kindness  between  friends.  She  might  be  a 
friend  if  she  pleased,  and  enjoy  these  favors.  On  the  contrary, 


52  FRANCE  CIVIL— ENGLAND   HOSTILE.  [1789 

I  thought  our  friends  were  the  people,  who  had  a  right  to  be 
offended  if  no  discrimination  took  place.  It  had  been  asserted 
that  interest  solely  governed  nations.  I  was  sorry  it  was  so 
much  the  case,  but  I  hoped  we  would  not  in  every  point  be 
governed  by  that  principle.  The  conduct  of  France  to  us  in 
our  distress,  I  thought,  was  founded,  in  part,  on  more  gener 
ous  principles.  Had  the  principle  of  interest  solely  governed, 
she  would  have  taken  advantage  of  our  distress  when  we  were 
in  abject  circumstances  and  would  have  imposed  hard  terms 
on  us,  instead  of  treating  on  the  terms  of  mutual  reciprocity. 
She  likewise  remitted  large  sums  of  money.  Was  this  from 
the  principle  of  interest  only  ?  What  had  been  the  conduct  of 
the  two  nations  since  the  peace  ?  Civility  on  the  part  of  the 
French,  and  very  different  treatment  by  the  British.  Our 
newspapers  teem  with  these  accounts.  Elsworth  had  said,  it 
has  been  asked  if  we  were  not  called  on  by  gratitude,  etc.  I 
answer  no.  The  answer  "  no  "  has  been  given  to  the  calls  of 
gratitude  in  this  business,  but  the  great  voice  of  the  people  at 
large  would  give  a  very  different  answer.  So  far  as  my  sphere 
of  knowledge  extended  I  had  a  right  to  say  so ;  but  the  sense 
of  the  people  at  large,  expressed  by  their  representatives  in 
the  clause  before  us,  holds  a  different  language. 

Mr.  Langdon  spoke,  and  seemed  to  be  of  our  opinion.  I 
did  not  hear  a  "  no,"  however,  on  the  question  but  Mr.  Carrol's 
and  my  own. 

All  ran  smooth  now  till  we  came  to  the  molasses.  Till 
quarter  after  three  did  the  New  England  members  beat  this 
ground,  even  to  the  baiting  of  the  hook  that  caught  the  fish 
that  went  to  buy  the  molasses.  The  motion  was  to  reduce  it 
to  four  cents  from  five.  I  had  prepared  notes,  but  there  was 
such  an  eagerness  to  speak,  and,  finding  that  we  should  carry 
it,  I  let  them  fight  it  out.  The  votes  for  four  [cents]  carried. 
All  the  arguments  of  the  other  House  were  repeated  over  and 
over. 

May  27th. — I  spent  this  morning  in  writing  letters  to  my 
family,  to  go  by  General  Butler,  who  sets  off  this  day  and  will 
pass  by  Harrisburg.  Attended  Senate.  The  minutes  were 
read.  I  was  astonished  to  hear  Strong  immediately  get  up 
and  begin  a  long  harangue  on  the  subject  of  molasses.  One 


MAY  28]        MOLASSES,   MADEIRA  WINE,  AND  SUGAR.  53 

looked  at  another.  Mr.  Carrol  had  taken  his  seat  next  to  me. 
Several  of  the  gentlemen  murmured.  At  last  Mr.  Carrol  rose 
and  asked  pardon  for  interrupting  any  gentleman,  but  said 
that  matter  had  been  determined  yesterday.  The  Vice-Presi- 
dent  said  the  question  had  been  taken  on  four  cents  being  put 
instead  of  five,  but  no  question  had  been  taken  on  the  para 
graph  after  it  was  amended.  The  whole  sentence  was  on  mo 
lasses  per  gallon,  four  cents ;  that  a  second  should  be  put  on  it 
was  idle ;  but  it  was  plain  that  this  matter  had  been  agreed  on 
between  the  Yice-President  and  the  New  England  men,  and  in 
all  probability  they  have  got  some  people  who  voted  for  four 
yesterday  to  promise  to  vote  for  less  to-day.  Dalton,  how 
ever,  got  up,  and  made  a  long  speech  that  some  of  the  gentle 
men  are  absent,  and  particularly  the  gentlemen  who  moved 
for  the  four  cents,  and  desired  it  might  be  put  off  till  to-mor 
row.  I  must  declare  this  the  most  uncandid  piece  of  proceed 
ing  that  I  have  ever  seen  in  the  Senate. 

Now  came  wine  of  Madeira.  All  arguments  of  yesterday 
were  had  over  again,  and  it  was  voted  at  eighteen  cents.  When 
we  came  to  loaf-sugar,  it  was  postponed.  When  we  came  to 
cables,  the  New  England  men  moved  to  postpone  everything 
of  that  kind  (Mr.  Langdon  being  absent)  until  we  came  to 
steel.  I  then  moved  an  adjournment,  as  it  was  near  the  time, 
for  I  wished  Mr.  Morris  to  be  here,  as  I  expected  a  pointed 
opposition  on  that  business,  and  as  he  has  all  the  information 
on  the  most  of  subjects.  I  have  been  as  attentive  as  possible 
to  get  information,  as  far  as  my  sphere  of  influence  extended, 
but  the  private  communications  of  the  citizens  of  Philadelphia 
have  generally  been  by  letter  to  Mr.  Morris,  Mr.  Fitzsimons, 
or  Mr.  Clymer.  I  regret  that  they  furnish  me  with  none  of 
this  information.  I  must,  however,  serve  my  country  as  well 
as  I  can.  The  collection  bill  is  at  last  reported.  I  can  not 
think  but  that  there  has  been  a  studied  delay  in  this  business. 
The  bill  itself  is  said  to  be  a  volume.  It  is  ordered  to  be 
printed. 

May  28th. — Having  found  the  opposition  to  run  hard  yes 
terday  against  the  impost,  I  determined  to  go  this  morning 
among  all  my  Pennsylvania  friends,  and  call  on  them  for  any 
information  which  they  could  give  me  in  the  way  of  their  pri- 


54:    ADAMS  DOUBTS  IF  THE  GOVERNMENT  WILL  LIVE.    [1780 

vate  letters  or  otherwise.  I  got  an  account  of  all  the  sugar- 
houses  in  Philadelphia  from  the  Speaker.  Called  on  Mr.  Mor 
ris.  Told  him  the  war  on  molasses  was  to  be  waged  again. 
Called  on  Mr.  Clymer  and  Mr.  Fitzsimons.  Got  from  Mr. 
Fitzsimons  a  list  of  the  Pennsylvania  protecting  duties.  Then 
went  to  the  Hall.  I  was  here  near  an  hour  before  any  person 
came.  Langdon,  Carrol,  and  the  Yice-President  came.  The 
discourse  was  general  on  the  subject  of  government.  "  If  our 
new  Government  does  well,"  said  our  Yice-President,  "  I  shall 
be  more  surprised  than  ever  I  wras  in  my  life."  Mr.  Carrol 
said  he  hoped  well  of  it ;  it  would  be  sufficiently  powerful. 
"  If  it  is,"  said  Mr.  Adams,  "  I  know  not  from  whence  it  is  to 
arise.  It  can  not  have  energy.  It  has  neither  rewards  nor  pun 
ishments."  Mr.  Carrol  replied  the  people  of  America  were  en 
lightened.  Information  and  knowledge  would  be  the  support 
of  it.  Mr.  Adams  replied,  information  and  knowledge  were 
not  the  sources  of  obedience  ;  that  ignorance  was  a  much 
better  source.  Somebody  replied  that  it  had  formerly  been 
considered  as  the  mother  of  devotion,  but  the  doctrine  of  late 
was  considered  as  rather  stale.  I  began  now  to  think  of  what 
Mr.  Morris  had  told  me,  that  it  was  necessary  to  make  Mr. 
Adams  Vice-President  to  keep  him  quiet.  He  is  anti-Federal, 
but  one  of  a  very  different  turn  from  the  general  cast.  A 
mark  may  be  missed  as  well  above  as  below,  and  he  is  a  high 
flier. 

Senate  met.  Cables,  cordage,  etc.,  came  up.  They  stood  at 
seventy-five  cents.  Mr.  Langdon  spoke  warmly  against  this. 
Mr.  Morris  moved  a  reduction  to  fifty  cents.  I  urged  him  so 
much  that  he  said  sixty.  This  was  seconded.  I  had  to  show 
some  pointed  reason  why  I  urged  sixty.  Indeed,  it  was  much 
against  my  will  that  any  reduction  took  place.  The  protecting 
duties  of  Pennsylvania  were  4s.  2cL,  about  fifty-six  cents.  To 
place  the  manufacturers  of  Pennsylvania,  who  had  a  claim  on 
the  faith  of  the  State,  on  a  worse  ground  than  they  stood  be 
fore,  would  be  injurious  in  a  degree  to  their  private  property, 
and  break  the  engagement  the  State  had  made  with  them. 
This  argument  went  to  all  the  protecting  duties  of  Pennsyl 
vania.  Gentlemen  had  complained  that  they  had  no  hemp  in 
the  "Western  States.  This  was  the  case  of  Pennsylvania.  At 


MAY  28]    DEBATE  ON  CORDAGE,  TWINE,  AND   MOLASSES.      55 

the  close  of  the  war  the  protecting  duties  on  cordage  called  for 
the  manufacturing  of  it.  The  manufacture  called  for  the  hemp. 
It  was,  in  fact,  a  bounty  on  the  raising  of  that  article.  The 
effect  of  the  protecting  duty  in  Pennsylvania  was  at  first  felt  by 
the  importers.  It  was  for  a  time  an  unproductive  expense.  It 
is  thus  almost  with  every  distant  prospect.  lie  that  plants  an 
orchard  can  not  immediately  eat  the  fruit  of  it ;  but  the  fruit 
had  already  ripened  in  Pennsylvania,  and  so  it  would  in  other 
places.  I  was  up  four  times  in  all.  We  carried  it,  however, 
at  sixty. 

We  passed  on  with  little  interruption  until  we  got  to 
twine.  Mr.  Lee  kept  us  an  hour  and  a  quarter  on  this  busi 
ness,  because  the  Virginians  had  hitherto  imported  their  nets 
from  Britain.  Once  for  all  I  may  remark  of  him  [Mr.  Lee] 
that  he  has  given  opposition  to  every  article,  especially  the 
protecting  duties.  He  declares  openly  against  the  principle  of 
them.  Mr.  Gray  son  declares  against  all  impost  as  the  most 
unjust  and  oppressive  mode  of  taxation.  It  was  in  vain  Lee 
was  told  he  could  be  supplied  with  all  the  nets  Virginia  want 
ed  from  any  part  of  New  England  ;  that  what  could  be  sup 
plied  from  any  one  part  of  the  Union  should  be  protected  by 
duties  on  the  importation  of  the  same  articles  from  foreign 
parts.  It  was  lowered  to  one  dollar  and  fifty  cents. 

And  now  for  the  article  of  molasses.  Lee,  who  is  a  perfect 
Ishmael,  declared  the  second  question  totally  out  of  order.  It 
is  true,  parliamentary  precedent  might  be  alleged  in  favor  of 
such  second  question  ;  but  in  the  present  case  it  was  evidently 
a  trick,  and  I  guessed  some  parties  had  changed  sides.  From 
the  discourse  it  appeared  to  me  that  Mr.  Few,  of  Georgia,  had 
changed.  The  Arice-President  made  a  harangue  on  the  subject 
of  order.  The  facts  were  all  agreed  to,  viz. :  that  it  was  agreed 
to  strike  out  five  cents  ;  that  the  first  motion  seconded  was  to 
insert  two  cents.  The  second  motion  seconded  was  for  three 
cents.  The  third  motion  seconded  was  for  four  cents.  That 
a  very  long  and  tedious  discussion  took  place  with  all  the  three 
motions  before  the  Chair ;  that  an  adjournment  had  been 
called  for,  and  negatived  expressly  on  the  avowed  reason  that 
the  committee  would  first  get  rid  of  the  article  ;  that  the  Vice- 
President  mentioned  from  the  chair  that  he  would  put  the 


56  "THE  LOAF-SUGAR  OP  AMERICA  WAS  BAD."        [1789 

question  on  four  first,  that  being  the  highest  sum.  The  ques 
tion  was  put  and  carried,  and  the  Senate  afterward  adjourned. 

The  Yice-President  made  a  speech,  which  really  was  to  me 
unintelligible.  He  seemed  willing  to  persuade  the  members 
that  the  above  was  a  very  unfair  mode  of  doing  business,  and 
that  they  had  not  an  opportunity  of  declaring  their  sentiments 
freely  in  the  above  way.  He  concluded,  however,  that  after 
the  four  [cents]  had  been  carried  it  was  in  order  to  move  for 
any  lower  sum.  Somebody  whispered  that  he  ought  to  get 
his  wig  dressed.  Mr.  Morris  rose  and  declared  it  was  with 
reluctance  that  he  differed  with  the  Chair  on  a  question  of 
order,  and  was  beginning  to  argue  on  the  subject,  but  the  New 
England  men,  seeing  their  darling  Vice-President  likely  to  be 
involved  in  embarrassment  for  the  unguarded  steps  he  had 
taken  in  their  favor,  with  one  consent  declared  they  were  sat 
isfied  to  pass  the  article  at  present  and  take  it  up  in  the 
Senate. 

Now  came  the  postponed  article  of  loaf-sugar.  Lee  labored 
with  spite  and  acrimony  in  this  business.  He  said  the  loaf- 
sugar  of  America  was  bad.  It  was  lime  and  other  vile  com 
positions.  He  had  broken  a  spoon  in  trying  to  dissolve  and 
separate  it,  and  so  I  must  go  on  breaking  my  spoons  and  three 
millions  of  people  must  be  taxed  to  support  half  a  dozen 
people  in  Philadelphia.  He  pronounced  this  sentence,  espe 
cially  the  part  about  the  spoon,  with  so  tremulous  an  accent 
and  so  forlorn  an  aspect  as  would  have  excited  even  Stoics  to 
laughter.  There  was  a  laugh,  but  no  retort  on  him.  I  sup 
ported  the  motion  by  showing  that  the  sugar-baking  business 
was  of  importance,  as  it  gave  employment  to  many  other  ar 
tificers — the  mason,  bricklayer,  carpenter,  and  all  the  artificers 
employed  in  building,  for  they  had  to  build  largely.  The  cop 
persmith,  potter,  and  cooper  were  in  much  employ  with  them. 
The  business  was  in  a  declining  state,  and  some  sugar-houses 
discontinued ;  that  in  Pennsylvania  the  old  protecting  duty 
was  9/10  per  hundred-weight,  and  the  raw  sugar  was  one 
per  cent;  that  now  there  was  no  protecting  duty  whatever, 
for  one  cent  on  the  pound  of  brown  sugar  was  in  propor 
tion  to  three  on  the  loaf;  that  the  sugar-baker  of  Pennsyl 
vania  was  therefore  undeniably  on  a  worse  footing  than  for- 


MAY  29]  STEEL,  NAILS,  SPIKES,  AND  SALT.  57 

merly,  at  least  by  the  whole  amount  of  the  Pennsylvania 
protecting  duty,  as  he  paid  6/6  per  hundred-weight  more 
on  the  importation  of  the  raw  material.  The  British,  too, 
aimed  at  a  monopoly  of  this  business,  and  gave  a  bounty  of 
26s.  sterling  on  exportation ;  so  that  it  became  us  to  counter 
act  them  or  lose  the  manufacture.  Mr.  Morris  and  Mr.  Dai- 
ton  satisfied  some  gentlemen  as  to  the  manner  of  importing 
sugars.  I  thought  this  as  plain  a  subject  as  could  come  before 
the  House,  and  yet  we  divided,  and  the  Vice-President  gave 
us  the  casting  vote.  He  desired  leave  to  give  us  the  reason  of 
his  vote.  This  seemed  to  imply  a  degree  of  vanity,  as  if 
among  us  all  we  had  not  placed  the  matter  in  a  right  point  of 
view.  For  my  part  I  was  satisfied  with  his  vote.  It  was  near 
four  o'clock.  Adjourned. 

May  29th. — The  Senate  met.  The  article  of  steel  was 
passed  over  with  little  difficulty,  and  here  I  confess  I  expected 
considerable  opposition.  Kails  and  spikes  came  next.  Here 
an  opposition  from  the  Carolina  and  Georgia  members  led  to 
an  increase  of  the  duty.  Now  came  salt.  Up  rose  Mr.  Lee, 
of  the  Ancient  Dominion.  He  gave  us  an  account  of  the 
great  revenue  derived  from  salt  in  France,  England,  and  all 
the  world.  Condemned  the  general  system  of  the  bill.  Said 
this  was  almost  the  only  article  in  it  that  would  reach  the  inte 
rior  parts  of  the  State.  The  interior  parts  of  the  country  with 
their  new  lands  could  much  better  afford  to  pay  high  taxes 
than  the  settlers  of  the  exhausted  lands ;  that  the  carriage  of 
it  was  nothing,  for  they  all  had  teams  and  fine  horses.  He 
concluded  a  lengthy  harangue  with  a  motion  for  twelve  cents, 
which,  in  his  opinion,  was  vastly  too  low.  He  was  seconded 
by  Mr.  Carrol,  of  Maryland.  Els  worth  rose  for  an  augmen 
tation,  but  said  if  twelve  was  lost  he  would  move  for  nine. 
Lee,  Carrol,  Elsworth,  and  Mr.  Morris,  speakers  in  favor  of 
the  augmentation.  Any  reduction  seemed  out  of  the  question 
with  everybody.  Against  the  augmentation  [were  the]  speak 
ers  Izard,  Few,  and  self. 

I  thought  my  friends  on  our  side  of  the  question  were 
rather  warm,  and  used  some  arguments  that  did  not  apply 
well.  They,  perhaps,  with  equal  justice,  thought  the  same  of 
me.  I  advocated  the  new  settlers ;  endeavored  to  show  that 


58  "ALL  PEOPLE  WERE  FOND  OF  FINERY."  [1789 

their  superior  crops  were  justly  due  to  superior  labor ;  that 
every  acre  of  new  land  cost  from  five  to  ten  dollars  per  acre, 
clearing  and  fencing.  The  expenses  of  new  buildings  were 
immense.  Men  spent  an  active  life  on  a  farm,  and  died  with 
the  farm  in  debt  to  them ;  that  new  settlers  labored  for  pos 
terity — for  the  public.  They  were  the  real  benefactors  to  the 
community,  and  deserved  exemption  if  any.  It  had  been  said 
it  was  their  choice.  No.  Necessity,  dire  necessity,  compelled 
many.  But  were  they  exempted  from  the  effects  of  the  other 
part  of  the  bill  ?  No.  They  could  raise  no  sheep,  of  course 
no  wool,  coarse  duffels,*  blankets,  swan-skins— in  a  word,  all 
their  woolens  were  imported,  and  they  would  of  course  pay 
the  imposts  on  these  articles  from  necessity,  which  was  not  the 
case  in  general  with  other  citizens,  who  might  either  manu 
facture  or  buy  as  they  had  the  materials. 

But,  over  and  above  this,  luxuries  would  find  their  way 
among  them.  All  people,  down  to  the  savage,  were  fond  of 
finery,  the  rudest  the  most  so.  And  I  was  convinced  that  the 
poor,  the  amount  of  their  several  stocks  taken  into  considera 
tion,  spent  more  in  superfluities  than  the  rich ;  that,  all  these 
arguments  apart,  the  article  of  salt  was  the  most  necessary  of 
any  in  the  bill,  and  in  proportion  to  the  original  cost  was  the 
highest  taxed ;  that  it  was  a  new  and  an  untried  source  of  rev 
enue  in  many  of  the  States ;  that  it  ought,  therefore,  to  be 
touched  with  a  gentle  hand,  if  at  all ;  that  I  knew  not  whether 
the  discontents  would  follow  that  had  been  predicted,  and  I 
hoped  they  would  not,  but  wished  we  could  avoid  giving  occa 
sion  for  any ;  that  for  these  reasons  I  should  at  present  be  for 
leaving  it  where  the  wisdom  of  the  other  House  had  placed  it. 
The  question  was  put.  The  House  divided,  and  the  Yice- 
President  gave  it  in  our  favor. 

In  the  course  of  the  debate  it  came  out  that  Mr.  Fitzsim- 
ons  had  furnished  Mr.  Carrol  with  all  his  remarks  and  the 
documents  which  he  had  collected  on  the  subject  of  revenue, 
as  well  respecting  Pennsylvania  as  the  Union  in  general.  I  do 
think  that  as  an  individual  I  have  taken  as  much  pains  to  col 
lect  information  as  any  of  them.  But  I  am  much  less  known, 


*  A  coarse  woolen  cloth,  having  a  thick  nap. 


MAY  30]    SENATORS  CALL  ON  THE  LADIES  OF  CONGRESS.    59 

and  of  course  information  by  letter  from  individuals  has  gen 
erally  fallen  to  the  share  of  Mr.  Fitzsimons,  Mr.  Morris,  and 
Mr.  Clymer.  The  information  from  the  Collector's  office  I 
never  could  get  at,  although  Mr.  Fitzsimons  told  me  in 
Philadelphia  that  Mr.  Delaney  had  furnished  him  (but  volun 
tarily)  with.  Mr.  Morris  has  a  statement  of  the  Custom- 
House  of  Philadelphia,  or  some  such  paper.  He  used  it  this 
day  as  he  sat  beside  me.  I  asked  him  to  let  me  see  the  article 
of  salt  in  it.  He  said  it  was  not  there. 

What  shall  I  think  of  Lee,  this  Ishmael  of  the  House  ?  He 
labored  [on]  the  subject  of  titles  with  a  diligence  worthy  of  a 
better  cause.  He  seemed  disposed  to  destroy  the  whole  effect 
of  the  Impost  bill  on  every  other  article.  The  tax  on  salt  he 
knows  must  be  odious,  and  this  he  is  for  doubling  at  the  first 
word.  He  is  a  great  advocate  for  an  excise.  If  I  really  wished 
to  destroy  the  new  Constitution,  to  injure  it  to  the  utmost  of 
my  power,  I  would  follow  exactly  the  line  of  conduct  which 
he  has  pursued.  Far  be  it,  however,  from  me  to  say  this  of 
him.  People  employ  the  same  means  for  very  different  ends, 
and  such  is  the  vanity  of  human  opinion  that  the  same  object 
is  often  aimed  at  by  means  directly  opposite.  Adjourned  to 
Monday. 

May  30th. — The  Speaker  called.  He  dined  yesterday  with 
the  President.  A  number  of  the  Senators  were  present.  The 
Pennsylvanians  had  agreed  to  call  on  Mrs.  Morris  between  ten 
arid  eleven.  Mr.  Morris  had  yesterday  mentioned  that  time  as 
convenient  time  to  her.  The  gentlemen  of  Congress  have,  it 
seems,  called  on  Mrs.  Washington  and  all  the  congressional 
ladies.  Speaker  Wynkoop  and  self  called  on  Mrs.  Morris  half 
after  ten.  Xot  at  home.  Left  our  cards.  Being  in  the  lady 
way,  we  called  to  see  Mrs.  Langdon  and  Mrs.  Dalton.  Found 
Mr.  Langdon  ;  the  ladies  abroad.  This  finished  the  visiting 
tour.  Came  home  ;  felt  uncommonly  heavy  this  day.  It  was 
warm.  lSTever  wished  so  much  for  home ;  think  I  must  abso 
lutely  set  off  for  home  about  this  day  week.  The  Collection 
bill  is  reported,  and  I  will  do  all  I  can  to  inspire  my  acquaint 
ances  with  a  spirit  of  expedition  in  both  Houses. 

May  31. — Being  Sunday,  was  called  on  this  morning 
by  General  St.  Clair.  He  desired  my  commands  for  Phila- 


00  THE   EAST   INDIA  TRADE  DENOUNCED.  [1789 

delphia.  Wrote  by  him  to  Mr.  Peters  and  Mr.  Harris.  I  find 
going  out  hurts  me.  I  come  home  almost  from  every  walk 
with  a  sore  throat,  complaint  in  my  breast,  or  something  of 
that  kind.  I  therefore  determined  to  stay  at  home  more. 
Head  and  kept  my  room. 

June  1st,  Monday. — Called  this  morning  on  Mr.  Clymer 
and  Mr.  Fitzsimons.  I  wished  for  a  general  abstract  of  the 
trade  of  the  United  States ;  Mr.  Fitzsimons  had  such  a 
paper,  for  he  one  day  gave  us  some  business  from  it.  He, 
however,  put  Sheffield's  pamphlet  into  my  hand.  I  had  never 
read  Sheffield's  work,  and  therefore  received  it  with  pleasure. 
Came  to  the  Hall  and  was  soon  delighted  with  the  reception 
of  letters  from  my  family,  who  were  all  well,  and  my  dear 
little  son  Billy  recovered  of  the  small-pox,  for  which  he  has 
been  inoculated. 

The  Impost  bill  was  taken  up,  and  a  number  of  articles 
passed  over.  When  we  came  to  tea,  the  impost  proceeded  on 
a  discrimination  in  favor  of  our  own  ships.  Here  a  motion 
was  made  by  Elsworth,  seconded  by  Lee,  that  went  against  all 
discrimination  in  favor  of  our  own  shipping,  or,  in  other 
words,  against  any  protecting  duty  for  the  East  India  trade  ; 
and,  indeed,  the  argument  went  against  the  East  India  trade 
altogether.  I  got  up  early  in  this  business.  I  laid  it  down 
that  the  use  of  tea  was  now  so  general  that  any  interdiction  of 
it  was  impossible ;  that  have  it  the  people  would.  If  this, 
then,  was  the  case,  common  prudence  told  us  to  get  it  from 
the  first  hand  ;  that  it  was  evident  teas  were  now  obtained 
vastly  cheaper  than  before  our  merchants  traded  to  China. 
This  difference  had  been  stated  at  fifty  per  cent  on  some  teas. 
It  had  been  alleged  against  this  trade  that  it  destroyed  the 
lives  of  seamen.  The  fact  had  been  represented  to  me  differ 
ently  by  those  who  made  the  voyage ;  that  it  was  the  practice 
of  all  nations  to  encourage  their  own  trade,  but  our  permitting 
the  British  to  supplant  us  in  this  trade  was  suffering  them  to 
encourage  their  trade  at  our  expense. 

It  had  been  said  the  British  would  take  raw  materials  from 
us  and  give  us  teas.  I  was  well  informed  that  the  Chinese 
took  many  articles  from  us,  and  some  that  no  other  people 
would  take.  A  detail  of  these  articles  I  had  no  doubt  would 


JUNE  1]  DUTY  ON  TEAS.  (ft 

be  more  fully  entered  into  by  some  of  the  gentlemen  who 
would  follow  me.  To  talk  of  not  protecting  a  trade  sought 
after  by  all  the  world  was  a  phenomenon  in  a  national  council. 
I  therefore  was  clearly  for  the  discrimination.  Mr.  Morris 
followed.  He  went  most  minutely  into  the  India  trade ;  showed 
that  ginseng  was  a  considerable  article  in  that  trade,  anchors, 
iron,  spars,  masts,  naval  stores  of  all  kinds.  He,  in  fact,  made 
it  clear  that  a  dollar  sent  to  Europe  for  East  India  goods  would 
riot  import  more  than  half  a  dollar  sent  to  the  East  Indies. 
The  debate  was  amazingly  lengthy.  Both  Few  and  Elsworth 
said  the  trade  had  been  represented  as  flourishing ;  this  it  had 
obtained  without  any  protecting  duties ;  why,  then,  give  any 
now  ? 

I  rose  to  information,  and  mentioned  that  the  protecting 
duty  of  Pennsylvania  was  twopence  per  pound  and  the  pro 
tecting  duty  of  New  York  twopence,  and  that  the  ill  policy  of 
withdrawing  these  duties  now,  when  the  trade  to  the  East 
Indies  was  threatened  with  combination  against  it,  was  evi 
dent.  We  got  the  discrimination  carried  by  nine  votes  to 
eight. 

Now  for  the  duty.  Mr.  Morris  moved  to  raise  all  the  tea- 
duties.  This  was  lost.  But  I  wish  we  had-  uniformly  moved 
to  raise,  for  by  this  means  we  secured  it  at  the  rate  in  the  bill. 
When  we  came  to  the  real  discrimination,  now  a  great  debate 
arose.  Four  cents  was  the  difference  on  Boheas,  and  so,  nearly 
in  proportion.  Mr.  Lee  moved  for  eight,  avowedly  on  this 
principle  that  the  four  cents  were  more  than  the  old  protect 
ing  duty  under  which  the  trade  had  flourished.  This  debate 
was  mostly  conducted  on  our  side  by  Mr.  Morris.  I  only 
showed  that,  though  the  difference  between  six  and  ten  cents 
was  more  than  the  old  protecting  duties,  the  difference  between 
six  and  eight  was  less,  and  that  the  gentlemen,  on  their  own 
principle,  should  have  moved  for  more  than  eight.  But  in  the 
critical  situation  of  the  trade  to  the  East,  with  combinations  in 
India  contracts  and  ships  fitted  out  at  Ostend,  and  the  increas 
ing  endeavors  of  the  English  to  engross  the  whole  trade  of  the 
East,  the  discrimination  of  four  was  not  too  much.  Carried  at 
four  o'clock — at  nine  to  eight. 

In  the  first  argument  I  mentioned  that,  if  there  had  been 


62  TARIFF  TO  ENCOURAGE  MANUFACTURES.  [1789 

any  exclusive  company  engrossing  the  India  trade,  there  might 
be  something  in  the  arguments.  This,  however,  was  not  the 
case,  nor  could  it  be. 

June  £d. — Had  an  excellent  opportunity  of  writing  home 
by  the  person  who  brought  my  letters  yesterday.  This  em 
ployed  me  to  near  eleven  o'clock.  Attended  at  the  Hall. 
After  some  preliminary  business,  proceeded  on  the  Impost 
bill  without  much  opposition  till  we  came  to  an  enumeration 
of  fifteen  or  sixteen  articles  which  all  stood  at  seven  and  a  half 
per  cent.  The  most  of  these  articles  stood,  in  the  old  protect 
ing  duties  of  Pennsylvania,  at  twelve  and  a  half  per  cent.  I 
feared  much  the  spirit  of  reduction  wrould  get  into  the  oppos- 
ers  of  the  impost,  and  that  they  would  be  for  lowering  every 
thing.  From  this  sole  motive  I  would  have  an  augmentation, 
by  way  of  securing  the  duty  where  it  was.  However,  I  had 
better  ground.  I  set  out  with  naming  over  the  greater  part  of 
the  articles  on  which  the  protecting  duties  of  Pennsylvania 
were  over  twelve  and  a  half  per  cent  and  thirteen  per  cent  in 
New  York.  I  reasoned  from  the  effect  of  these  duties  on  the 
promoting  the  manufacture.  But  by  the  present  duties  the 
manufactures  would  stand  on  worse  ground  by  five  per  cent 
than  they  had  done  under  the  State  laws ;  that  although  the 
United  States  were  not  absolutely  obliged  to  make  good  the 
engagements  of  the  State  to  individuals,  yet,  as  individuals  had 
embarked  their  property  in  these  manufactures,  depending  on 
the  State  laws,  I  thought  it  wrong  to  violate  those  laws  with 
out  absolute  necessity. 

I  wTas,  as  usual,  opposed  by  the  Southern  people.  Before 
I  rose  I  spoke  to  Mr.  Morris  to  rise  and  move  an  augmenta 
tion.  He  said  no.  Mr.  Few,  of  Georgia,  asserted  that  the 
manufactures  of  Pennsylvania  would  be  better  off  under  the 
seven  and  a  half  than  they  had  been  under  the  twelve  and  a 
half  per  cent.  Mr.  Morris  got  up  and  asserted  the  same  thing. 
I  declare  I  could  not  believe  either  of  them.  Mr.  Morris,  how 
ever,  stated  the  manufacture  of  paper  to  be  in  the  most  flourish 
ing  condition  imaginable  in  Pennsylvania ;  said  he  was  afraid 
to  mention  the  amount  of  paper  that  had  been  exported  last 
year  lest  he  might  not  be  believed  ;  that  it  had  been  stated  to 
him  at  not  less  than  £80,000.  He  went  through  the  business 


JUNES]  DUTIES  RAISED.  63 

down  to  gathering  the  rags  in  the  street.  After  this  it  was  in 
vain  to  say  anything  more,  but  the  effect  was  that  it  stood  at 
seven  and  a  half . 

A  number  of  articles  were  now  raised  to  ten  per  cent. 
But  what  surprised  me  was  that  Mr.  Morris  was  against  rais 
ing  leather  and  leather  manufactures,  canes,  walking-sticks, 
whips,  ready-made  clothing,  brushes,  gold,  silver,  and  plated 
ware,  jewelry  and  paste-work,  wrought  tin  and  pewter  ware. 
He  gave  no  reason  for  this,  which  is  not  usual  with  him. 
Some  of  the  articles  were,  notwithstanding,  placed  at  ten  with 
out  him.  His  weight  in  our  Senate  is  great  on  commercial 
subjects.  Mr.  Morris  moved,  at  my  request,  to  have  cotton 
exempted  for  some  time  from  duty.  This  was  carried  by  a 
kind  of  compromise.  We  proceeded  smoothly  till  we  came 
to  the  drawback  on  fish,  etc.,  and  New  England  rum.  Long 
conversations  on  this  subject ;  but  agreed  to.  We  expected  a 
sharp  debate  on  the  drawback  or  discount  on  American  ves 
sels,  but  it  was  passed  nem.  con.  The  last  clause  Mr.  Morris 
moved  to  expunge,  but  it  was  carried,  and  I  heard  not  a  "  No  " 
but  his  own.  It  was  now  late,  and  we  adjourned. 

I  omitted  to  mention  in  its  proper  place  that  Mr.  Morris 
moved  for  ten  per  cent  on  a  long  list  of  scythes,  sickles,  axes, 
spades,  shovels,  locks,  hinges,  etc.,  down  to  plow-irons,  but 
none  of  them  were  carried,  and,  of  course,  stood  in  the  mass 
of  five  per  cent. 

June  3d. — In  rather  a  disagreeable  situation  with  my 
swelled  knee.  This  vile  rheumatism  seems  determined  to  tor 
ment  me  while  I  stay  here.  Attended  at  the  Hall  at  ten  ;  read 
the  newspaper.  At  eleven  the  Senate  met.  The  Clerk  from 
the  House  of  Representatives  came  with  a  message  and  brought 
up  the  law  about  the  oaths.  The  impost  was  taken  up ;  the 
title  and  preamble  debated,  and  altered  a  little.  And  now  a 
lengthy  debate  took  place  on  a  motion  of  Mr.  Lee  to  put  off 
the  consideration  of  the  bill  until  Monday  next,  I  spoke  first 
against  the  motion.  I  was  for  proceeding  immediately.  The 
bill  had  been  very  long  under  consideration.  The  public  ex 
pectation  had  been  tired.  A  million  of  dollars  had  been  lost 
to  the  treasury,  and,  what  was  still  worse,  the  people  had  paid 
the  money ;  for  the  merchants  had  raised  their  goods,  and  the 


64:  A   LONG   DEBATE  ON   NEWSPAPERS.  [1789 

impost  was  in  actual  collection  on  all  the  spring  importations  ; 
that  I  wished  the  new  Government  might  stand  fair  with  the 
public  and  give  them  no  just  cause  of  censure  at  so  early  a 
period.  After  very  considerable  debate,  Mr.  Morris  moved 
that  to-morrow  be  assigned  for  the  second  reading  in  the  Sen 
ate.  This  was  agreed  to. 

Now  a  very  long  debate  took  place  about  the  newspapers. 
All  the  printers  in  the  city  crowd  their  papers  into  the  hands 
of  the  members.  The  bulk  of  the  papers  consist  of  advertise 
ments.  Useful  information  ought  not  to  be  excluded ;  but 
this  is  overdone.  The  real  mean  appears  to  me  to  be  the  tak 
ing  of  one  or  two  papers  by  each  member.  But  one  part  of 
the  House  struggled  for  taking  all,  the  other  for  taking  none. 
No  vote  could  be  carried  for  either,  and,  of  course,  the  printers 
will  continue  their  old  practice  of  sending  and  expecting  pay 
ment. 

Mr.  Morris  some  time  ago  promised  the  London  prices 
current.  His  words  were,  "  I  will  give  you  one."  They  are 
of  no  use  in  the  world  to  anybody  further  than  all  the  duties 
are  marked  in  them,  and  on  the  business  of  the  impost  they 
may  be  useful.  I  thought  he  was  long  in  performing  his 
promise,  and  this  day  asked  him  for  it.  He  said  lie  had  one 
and  would  let  me  see  it,  but  he  had  it  not  here  ;  perhaps  I  was 
mistaken  in  this  business. 

June  4th. — Went  to  the  Hall  at  ten,  but  found  the  mem 
bers  occupied  by  two  committees.  Sauntered  about  till  eleven  ; 
rather  disagreeable.  Senate  was  formed.  The  minutes  were 
read.  They  stood  :  Mr.  Langdon  administered  the  oath  to  the 
Vice-President;  the  Vice-President  administered,  etc.  The 
law  is,  the  oath,  etc.,  shall  be  administered  ~by  any  one  member 
of  the  Senate  to  tlie  President  of  the  Senate,  and  by  him  to  all 
the  members.  And  again  :  The  President  of  the  Senate  for 
the  time  being.  The  minutes  are  totally  under  the  direction 
of  our  Yice-President,  or  rather  Otis  is  his  creature.  I  told 
Patterson  that  I  would  not  get  up  again,  but  let  them  be  as 
they  would. 

But  now  a  discourse  was  raised  again  whether  the  members 
should  be  styled  honorable  on  the  minutes.  The  Yice-Presi 
dent  declared  from  the  chair  that  it  was  a  most  serious  affair, 


JUNE  4]    NEW  ENGLANDERS  ATTACK  PENNSYLVANIA.  65 

and  a  vote  of  the  House  should  be  taken  on  it.  He  gave  us  a 
touch  again  on  the  subject ;  was  against  using  the  word  unless 
"  right "  was  added  to  it.  He  said  a  good  deal  to  this  purpose. 
Lee  was  up  in  a  moment  for  it.  The  Yice-President  made  us 
a  second  speech.  He  said  it  was  of  great  importance.  If  we 
took  the  title  "  honorable,"  it  was  a  colonial  appellation,  and 
we  should  disgrace  ourselves  forever  by  it ;  that  it  was  applied 
to  the  justices  of  every  court.  Up  now  rose  Grayson,  of  Vir 
ginia,  and  gave  us  volley  after  volley  against  all  kinds  of  titles 
whatever.  Louder  and  louder  did  he  inveigh  against  them. 
Lee  looked  like  madness.  Carrol  and  myself  exchanged  looks 
and  laughs  of  congratulation.  Even  the  Vice-President  him 
self  seemed  struck  in  a  heap — Izard  would  have  said  rotundity. 
Grayson  mentioned  the  Doge  of  Venice  in  his  harangue,  as  he 
was  mentioning  all  the  great  names  in  the  world.  "  Pray,  do 
you  know  his  title  ? "  said  the  Vice-President  from  the  chair. 
u  Xo,"  says  Grayson,  smartly,  "  I  am  not  very  well  acquainted 
with  him." 

We  now  took  up  the  Impost  bill,  and  proceeded  smoothly 
till  we  came  to  the  article  of  molasses.  It  was  the  wish  of  the 
majority  of  the  Senate  to  have  the  question  without  any  de 
bate  ;  but  now  Mr.  Dalton  rose,  and  we  were  obliged  to  hear 
every  tiling  over  again  which  had  been  formerly  advanced.  It 
was  long  and  tedious.  Some  observations  were  just  and  per 
tinent,  but  many  were  quite  foreign  to  the  purpose.  Dr.  John 
son  rose  on  the  same  side.  Dalton  was  for  lowering  it  to 
three  cents,  but  Dr.  Johnson  said  he  had  been  convinced  that 
it  ought  to  be  but  two,  or  rather  none  at  all.  The  drift  of  the 
doctor's  argument  was  :  Molasses,  imported,  is  either  distilled, 
and  then  as  a  raw  material  it  ought  not  to  be  taxed,  or  it  is 
consumed  by  the  poor  as  food,  and  so  ought  not  to  be  taxed. 
So  it  ought  not  to  be  taxed  at  all. 

Up  rose  Strong,  and,  facing  himself  to  the  right  where  Mr. 
Morris  and  myself  sat,  fell  violently  on  the  members  from 
Pennsylvania,  with  insinuations  that  seemed  to  import  that  we 
wished  to  overcharge  Xew  England  with  an  undue  proportion 
of  the  impost.  "What  was  the  most  remarkable,  Mr.  Morris 
had  whispered  to  me  that  he  would  not  get  up  on  this  busi 
ness,  but  would  attend  with  the  utmost  attention  to  all  their 
5 


66  DEBATE  ON  NEW  ENGLAND  RUM.  [1789 

arguments,  fully  determined  to  give  them  their  utmost  weight. 
But  when  this  attack  was  begun,  I  could  see  his  nostrils  widen 
and  his  nose  flatten  like  the  head  of  a  viper.  Elsworth,  how 
ever,  got  up  before  him,  and  this  gave  him  time  to  recollect 
himself.  He  rose  after  Elsworth,  and  charmingly  did  he  un 
ravel  all  their  windings.  It  is  too  long  to  set  down,  but  he 
was  clear  and  conclusive. 

I,  in  the  mean  while,  busied  myself  in  examining  the  abstract 
of  the  importations  into  Philadelphia  given  me  by  Delany.  In 
this  place  I  can  not  help  remarking  that  there  is  something  of 
a  singularity  in  my  disposition.  Although  I  was  equally  con 
cerned,  I  really  felt  joy  on  this  attack,  and  the  more  so  when 
I  saw  Mr.  Morris  was  moved.  The  bufferings  that.  I  used  to 
get  from  some  of  these  people  in  his  absence,  and  the  senti 
mental  insults  that  I  received,  seemed  now  to  say,  "  Take  you, 
too,  a  part." 

When  he  had  done,  I  rose  and  repeated  from  their  own 
observations  that  the  whole  of  the  molasses  imported  into 
Massachusetts  was  three  million  gallons.  Two  millions  they 
distilled  and  had  the  drawback,  if  they  chose  to  export  it,  so 
that  this  was  totally  out  of  the  question.  That  consumed  in 
the  State,  in  substance,  was  the  remaining  million.  But  we 
imported  last  year  so  much  molasses  into  Pennsylvania  that, 
making  sufficient  allowance  for  two  distilleries  that  were 
worked,  the  remainder  for  consumption,  in  substance,  was  half 
a  million.  Was  this  the  object  to  make  such  a  stir  about  ? 
It  was  said  that  some  of  the  New  England  rum  was  drunk  in 
the  State.  Be  it  so.  Take  any  given  quantity,  be  it  what  it 
may,  it  is  consumed  under  a  duty  of  four  cents  per  gallon ;  for 
the  gallon  of  molasses  yields  in  distillation  rather  a  larger  than 
a  less  quantity  than  gallon  for  gallon.  But  we  import  near 
one  million  of  gallons  of  spirits  into  Pennsylvania,  and  this  is 
consumed  under  a  duty  of  from  eight  to  ten  cents  per  gallon. 
We  imported  also  five  million  gallons  of  raw  sugar ;  above  one 
million  of  coffee,  which  was  said  to  be  half  of  the  coffee  used 
in  the  United  States ;  besides  a  full  proportion  of  all  other 
goods.  I  spoke  not  at  random  nor  without  book.  Here  was 
the  abstract  in  the  handwriting  of  Sharp  Delany,  the  collector. 
Were  we,  then,  the  people  for  imposing  unequal  burdens? 


JUNE  5]  PROTECTION   TO  THE  CHINA  TRADE.  67 

~No.  We  were  imposing  no  burdens  of  which  we  were  not 
about  to  bear  a  share — a  great,  perhaps  the  greatest,  share. 

Dalton  rose  and  remarked  on  the  great  uncertainty  of  all 
calculations.  He  was,  however,  modest.  A  variety  of  people 
spoke.  Some  heat  seemed  at  one  time  to  rise  between  Lee  and 
Langdon.  There  was  a  considerable  shifting  about  the  ques 
tion.  It  was  at  last  settled  that  the  question  should  be  to  re 
duce  the  duty  to  three  cents,  expressly  on  the  condition  of 
taking  away  the  drawback.  Mr.  Morris  and  myself  voted 
against  it.  Izard,  Gunn,  and  some  others  voted  expressly  on 
the  condition  of  the  drawback  being  taken  away.  The  others 
joined,  but  with  a  design  of  retaining  the  drawback.  So  stands 
this  curious  affair  till  to-morrow.  Past  three,  and  adjourned. 
I  must  not  omit  that  Carrol  got  up  and  spoke  well  on  our 
side.  He  stated  the  inequality  of  duty  on  molasses  and  sugar 
as  sweets ;  that  a  gallon  of  molasses  was  equal,  as  a  sweet,  to 
seven  pounds  of  good  brown  sugar.  Seven  cents  on  one,  four 
on  the  other. 

June  5th,  Friday. — Came  with  my  swelled  knee.  Called 
this  morning  on  Mr.  Fitzsimons,  and  got  from  him  a  list  of 
the  imports  into  Pennsylvania  and  into  Virginia.  Went  to 
the  Hall,  and  waited  until  the  meeting  of  the  Senate.  We 
now  fell  to  the  imposts,  and  proceeded  to  the  article  of  loaf- 
sugar  ;  and  here  they  directly  moved  a  reduction  of  one  cent. 
Lee  and  Elsworth  spoke  against  it,  as  formerly.  I  rose  and 
repeated  the  sum  of  the  old  arguments.  Dr.  Johnson,  who 
was  with  us  before,  now  fell  off.  Dalton  changed.  It  was 
reduced  to  three.  We  swam  on  smoothly  to  teas,  imported 
from  any  other  country  than  China.  This  clause  admitted  all 
foreigners  to  come  directly  to  America  from  China  and  India. 
Dalton  moved  an  amendment  that  should  confine  the  direct 
trade  from  India  and  China  to  the  LTnited  States  to  our  own 
vessels.  Mr.  Morris  got  up  and  said  that  although  he  was  in 
sentiment  with  the  gentleman,  yet,  as  he  believed  it  would  not 
meet  the  approbation  of  gentlemen,  he  would  not  second  the 
motion,  but  leave  the  matter  until  experience  would  fully  show 
the  necessity  of  it. 

Mr.  Carrol  got  up,  said  if  the  matter  was  right  it  should 
be  tried  now  and  not  wait  for  experiment,  which  might  be 


68  LEE  AND  ELSWORTH  CHANGE  FRONTS.  [1789 

attended  with  detriment,  and  seconded  the  motion.  And  now, 
strange  to  tell,  both  Lee  and  Elsworth  rose  and  supported  the 
motion.  I  listened  with  astonishment  when  I  recollected  the 
debates  on  this  very  subject  on  Monday  last.  The  whole  trade 
to  India  was  then  inveighed  against,  condemned,  and  almost 
execrated,  and  now  the  very  men  declared  for  it  and  for  secur 
ing  it  exclusively  to  ourselves.  This  change  I  can  not  account 
for.  If  there  was  any  preconcerted  measure,  Mr.  Morris  cer 
tainly  knew  nothing  of  it.  One  inference,  however,  follows 
clearly  from  the  conduct  of  Lee  and  Elsworth,  that  they  are 
governed  by  conveiiiency  or  cabal.  Had  judgment  been  the 
rule  of  their  conduct,  their  behavior  on  Monday  would  not 
have  been  so  inconsistent  with  that  of  to-day.  I  was  content 
with  the  bill  as  it  stood.  The  difference  of  duty  and  the  dis 
count  of  ten  per  cent  in  favor  of  our  own  vessels  I  thought 
pretty  well  for  protecting  our  trade  without  absolutely  exclud 
ing  all  the  world.  But  I  had  another  reason.  I  doubt  much 
whether  the  House  of  Representatives  will  agree  to  our  amend 
ments.  Every  new  one  will  or  may  be  a  source  of  dissension 
or  delay.  I  have  labored  with  all  the  diligence  in  my  power 
to  hasten  on  the  impost,  but  I  am  counteracted  ;  for  what  can 
one  man  do  ?  It  now  seems  evident  that  remarkable  influence 
is  exerted  to  delay  the  impost  until  they  get  in  all  their  sum 
mer  goods.  This  is  detestable ;  this  is —  But  I  have  not  a 
name  for  it.  I  wish  we  were  out  of  this  base,  bad  place. 

Yesterday  was  the  anniversary  of  his  Britannic  Majesty's 
birth.  It  was  a  high  day,  and  celebrated  with  great  festivity 
on  that  account.  The  old  leaven  anti-revolutionism  has  leav 
ened  the  whole  lump,  nor  can  we  keep  the  Congress  free  from 
the  influence  of  it. 

People  may  act  as  they  think  proper  in  their  elections,  and 
they  will  still  do  so.  Lawyers  and  merchants  are  generally 
their  choice.  But  it  seems  as  difficult  to  restrain  a  merchant 
from  striking  at  gain  as  to  prevent  the  keen  spaniel  from 
springing  at  game  that  he  has  been  trained  to  pursue.  Habit 
with  them  has  become  a  second  nature.  Indeed,  the  strongest 
propensities  of  nature  are  often  postponed  to  it.  Lawyers 
have  keenness  and  a  fondness  for  disputation.  Wrangling  is 
their  business.  But  long  practice  in  supporting  any  cause  that 


JUNEG]  LEVEES  INTERRUPT  BUSINESS.  69 

offers  lias  obliterated  regard  to  right  and  wrong.  The  ques 
tion  only  is,  Which  is  my  side  ?  And  this,  the  slightest  cir 
cumstance,  a  word,  a  hint,  a  nod,  a  whim,  or  silly  conceit, 
often  determines  with  them.  Who  are  above  pressing  influ 
ence,  treats,  dinners,  attentions,  etc.  ?  And  whenever  the  digit 
is  made,  whenever  the  part  is  chosen,  all  that  follows  is  a  con 
test  for  victory.  O  candor  and  integrity !  jewel  of  the  human 
soul,  where  are  ye  to  be  found?  Seldom  in  professional  men; 
often  in  the  plain  and  sober  countryman;  never,  however,  in 
the  sordid  clown. 

About  two  o'clock  the  words  "  levee"  and  "  adjourn  "  were 
repeated  from  sundry  quarters  of  the  House.  Adjourn  to 
Monday  ?  The  Vice-President  caught  hold  of  the  last.  "  Is 
it  the  pleasure  of  the  House  that  the  adjournment  be  to  Mon 
day  ? "  A  single  "  No "  would  not  be  heard  among  the  pre 
vailing  ayes.  Here  are  the  most  important  bills  before  us,  and 
yet  we  shall  throw  all  by  for  empty  ceremony,  for  attending 
the  levee  is  little  more.  Nothing  is  regarded  or  valued  at  such 
meetings  but  the  qualifications  that  flow  from  the  tailor,  bar 
ber,  or  dancing-master.  To  be  clean  shaved,  shirted,  and  pow 
dered,  to  make  your  bows  with  grace,  and  to  be  master  of 
small  chat  on  the  weather,  play,  or  newspaper  anecdote  of  the 
day,  are  the  highest  qualifications  necessary.  Levees  may  be 
extremely  useful  in  old  countries  where  men  of  great  fortune 
are  collected,  as  it  may  keep  the  idle  from  being  much  worse 
employed.  But  here  I  think  they  are  hurtful.  They  interfere 
with  the  business  of  the  public,  and,  instead  of  employing  only 
the  idle,  have  a  tendency  to  make  men  idle  who  should  be  bet 
ter  employed.  Indeed,  from  these  small  beginnings  I  fear  we 
shall  follow  on  nor  cease  till  we  have  reached  the  summit  of 
court  etiquette,  and  all  the  frivolities,  fopperies,  and  expense 
practiced  in  European  governments.  I  grieve  to  think  that 
many  individuals  among  us  are  aiming  at  these  objects  with 
unceasing  diligence. 

Settled  with  Mr.  Yandalsen,  and  he  owes  me  Us.  6d. 

June  Gth. — It  was  half-past  ten  when  Mr.  Bell  called  on 
me.  He  represented  Mrs.  Baxter's  situation  to  be  so  low  that 
I  might  never  see  her  if  I  did  not  do  it  soon.  He  seemed  so 
earnest  that  I  should  go  with  him  that  I  agreed  to  meet  him 


70  A  VISIT  TO  ELIZABETHTOWN  POINT.  [1789 

ill  half  an  hour  at  the  ferry-house  and  accompany  him  home. 
The  wind  was  high  and  direct  ahead.  It  was  five  when  we 
reached  Elizabethtown  Point.  Here  was  Governor  Livingston 
and  a  dinner  party.  They  had  eaten  their  fish,  and  were  saun 
tering  on  the  porch.  Mr.  Bell  introduced  me  to  the  Governor 
— a  man  plain  and  rather  rustic  in  his  dress  and  appearance. 
I  had  often  heard  of  his  being  a  man  of  uncommon  abilities, 
and  was  all  attention ;  but  the  occasion  offered  nothing  but 
remarks  of  the  convivial  kind.  But  we  learned  that  the  old 
gentleman,  in  returning  late,  was  overturned  in  his  [sedan] 
chair  and  much  bruised. 

'Twas  near  night  when  we  came  to  Mr.  Bell's.  Poor  Mrs. 
Baxter  lay  a  skeleton  indeed.  I  can  not  say  but  she  may  re 
cover,  but  much,  indeed,  does  it  seem  against  her.  She,  too, 
was  gay,  and  she  yet  is  young.  Useful  lesson  to  the  fluttering 
females  of  the  neighborhood,  if  lesson  were  of  any  service  in 
these  giddy  times.  I  soon  found  I  was  not  the  only  member 
of  Congress  in  this  quarter.  Most  of  the  Representatives  from 
South  Carolina  were  floating  in  this  neighborhood  this  even 
ing  and  all  Sunday.  The  house  was  filled  with  decent  visit 
ants,  mostly,  however,  females,  and  charmingly  did  they  chat 
it.  The  almost  only  subject  was  the  measures  that  were  pur 
sued  to  detain  Congress  in  New  York.  There  is  in  this  vicin 
ity  a  Mrs.  Kicketts.  This  lady  leads  the  business  in  this  quar 
ter.  She  enters  into  it  with  a  spirit  that  risks  reputation  and 
sets  censure  at  defiance ;  indeed,  the  volumes  of  conversation 
poured  out  on  this  subject  might  be  styled  with  propriety  the 
"  Campaigns  of  Mrs.  Ricketts."  But,  while  she  is  character 
ized  as  the  mere  flash  of  frivolity,  her  husband  is  represented 
as  a  pattern  of  industry  and  economy,  and  that  he  indulges  his 
cara  sposa  in  her  utmost  extravagance,  not  from  a  sheepish 
or  sneaking  disposition,  but  from  the  purest  motives  of  benevo 
lence  and  a  sincere  desire  of  making  her  happy.  This  character 
made  a  deep  impression  on  my  milky  temper,  and  I  sincerely 
wished  to  have  seen  him  somewhere  in  a  field  by  himself  that  I 
might  have  chatted  with  and  learned  something  more  of  him. 

June  8th. — Wrote  letters  to  my  family  and  Mr.  Harris. 
Set  off  in  a  frail  [sedan]  chair  for  the  Point  with  a  lady,  but 
the  chair  had  like  to  have  broke  down,  and  I  quitted  it  to  her. 


JUNE  9]  PIERCE   BUTLER  ARRIVES.  71 

Came  to  the  Point  [Elizabetlitown  Point]  a  few  minutes  too 
late  for  the  first  boat ;  left  it  at  a  quarter  after  ten  in  a  second 
boat,  but  it  was  half  after  two  before  I  reached  Xew  York, 
sweated  and  almost  boiled  in  a  burning  sun.  Upon  the  whole 
the  jaunt  was  a  disagreeable  one,  but  it  was  right  to  see  the 
poor,  languid,  perhaps  dying  Mrs.  Baxter.  How  lately  was 
she  as  gay  as  the  summer  insect,  and  how  soon  may  any  of  us 
be  as  she  is  ! 

Heard,  on  my  coming  to  my  lodgings,  of  the  arrival  of  two 
Indiamen  at  Philadelphia,  under  command  of  Barry  and  Trux- 
ton,  who  report  all  the  rest  to  be  on  their  way.  And  now 
perhaps  we  shall  get  the  Impost  and  Collection  bills  passed. 

June  9th. — Although  I  was  not  present  yesterday,  never 
theless  they  were  busy  at  the  impost.  The  affair  of  confining 
the  East  India  trade  to  the  citizens  of  America  had  been  nega 
tived,  and  a  committee  had  been  appointed  to  report  on  this 
business.  The  report  came  in  with  very  high  duties,  amount 
ing  to  a  prohibition.  But  a  new  phenomenon  had  made  its 
appearance  in  the  House  since  Friday.  Pierce  Butler,  from 
Carolina,  had  taken  his  seat  and  flamed  like  a  meteor.  He 
arraigned  the  whole  Impost  law,  and  then  charged  (indirectly) 
the  whole  Congress  with  a  design  of  oppressing  South  Caro 
lina.  He  cried  out  for  encouraging  the  Danes  and  Swedes 
and  foreigners  of  every  kind  to  come  and  take  away  our  prod 
uce.  In  fact,  he  was  for  a  Navigation  act  reversed.  Els- 
worth,  Morris,  Carrol,  Dalton,  Langdon,  for  the  report ;  Few, 
Izard,  Butler,  Lee,  against  it.  And  until  four  o'clock  was  it 
battled  witli  less  order,  less  sense,  and  less  decency,  too,  than 
any  question  I  have  ever  yet  heard  debated  in  the  Senate. 

I  did  not  like  the  report  well,  but  concluded  to  vote  for  it, 
all  things  considered,  rather  than,  by  rejecting  it,  to  have  all 
set  afloat  on  that  subject  again.  Butler's  party  had  conducted 
themselves  with  so  little  decorum  that  any  effect  their  argu 
ments  might  have  had  was  lost  by  their  manner ;  and  nobody 
rose  but  themselves.  This  was  really  the  most  misspent  day 
that  I  remember  in  Congress.  I  did  not  rise  once,  but  often 
called  for  the  question.  To-morrow  is  assigned  for  the  third 
reading  of  the  bill,  and  I  hope  we  will  finish  it,  or  at  least  send 
it  down  to  the  other  House.  If  I  had  stood  in  need  of  any 


72  "DRAWBACKS"  INVEIGHED  AGAINST.  [1789 

proof  of  the  instability  of  Lee's  political  character,  this  day 
gave  me  a  fresh  instance  of  it.  Now  again  he  has  vilified  and 
traduced  the  India  trade. 

June  10th. — Attended  at  the  Hall  at  the  usual  time,  and 
the  Impost  bill  was  taken  up  for  a  third  reading.  I  will  not 
enter  into  any  detail  of  the  speeches  and  arguments  entered 
into.  "We  once  believed  that  Lee  was  the  worst  of  men,  but  I 
think  we  have  a  much  worse  than  he  in  our  lately  arrived  Mr. 
Butler.  This  is  the  most  eccentric  of  creatures.  He  moved 
to  strike  out  the  article  of  indigo.  "  Carolina  was  not  obliged 
to  us  for  taking  notice  of  her  affairs  "  ;  ever  and  anon  crying 
out  against  local  views  and  partial  proceedings ;  and  that  the 
most  local  and  partial  creature  I  ever  heard  open  a  mouth. 
All  the  Impost  bill  was  calculated  to  ruin  South  Carolina.  He 
has  words  at  will,  but  scatters  them  the  most  at  random  of  any 
man  I  ever  heard  pretend  to  speak.  He  seems  to  have  a  par 
ticular  antipathy  to  Mr.  Morris.  Izard  has  often  manifested 
something  of  a  similar  disposition.  "We  sat  until  four  o'clock, 
but  did  not  get  quite  through  it. 

June  llth. — Attended  the  Hall  as  usual.  Mr.  Izard  and 
Mr.  Butler  opposed  the  whole  of  the  drawbacks  in  every  shape 
whatever.  Mr.  Grayson,  of  Virginia,  warm  on  this  subject, 
said  we  were  not  ripe  for  such  a  thing.  We  were  a  new  nation, 
and  had  no  business  for  any  such  regulation — a  nation  sui 
generis.  Mr.  Lee  said  drawbacks  were  right,  but  would  be  so 
much  abused  he  could  not  think  of  admitting  them.  Mr.  Els- 
worth  said  New  England  rum  would  be  exported  instead  of 
West  India  to  obtain  the  drawback. 

I  thought  it  best  to  say  a  few  words  in  reply  to  each.  We 
were  a  new  nation,  it  was  true,  but  we  were  not  a  new  people. 
We  were  composed  of  individuals  of  like  manners,  habits,  and 
customs  with  the  European  nations.  What,  therefore,  had 
been  found  useful  among  them  came  well  recommended  by 
experience  to  us.  Drawbacks  stood  as  an  example  in  this 
point  of  view  to  us ;  but,  if  the  thing  was  right  in  itself,  there 
could  be  no  just  argument  drawn  against  the  use  of  a  thing 
from  the  abuse  of  it.  It  would  be  the  duty  of  the  Govern 
ment  to  guard  against  abuses  by  prudent  appointments  and 
watchful  attention  to  officers ;  that,  as  to  changing  the  kind 


JUNE  11]  DINNER  WITH  MRS.  MORRIS.  73 

of  rum,  I  thought  the  Collection  bill  would  provide  for  this 
by  limiting  the  exportation  to  the  original  casks  and  packages. 
I  said  a  good  deal  more,  but  really  did  not  feel  much  inter 
ested  either  way.  But  the  debate  was  very  lengthy.  Butler 
flamed  away,  and  threatened  a  dissolution  of  the  Union  with 
regard  to  his  State,  as  sure  as  God  was  in  the  firmament !  He 
scattered  his  remarks  over  the  whole  Impost  bill,  calling  it 
partial,  oppressive,  etc.,  and  solely  calculated  to  oppress  South 
Carolina ;  and  yet  ever  and  anon  declaring  how  clear  of  local 
views,  how  candid  and  dispassionate  he  was  !  He  degenerated 
into  mere  declamation.  His  State  would  live  or  die  glorious, 
etc.  We,  however,  got  through  by  three  o'clock. 

I  will  now  memorandum  one  remark.  The  Senators  from 
Jersey,  Pennsylvania,  Delaware,  and  Maryland,  in  every  act, 
seemed  desirous  of  making  the  impost  productive  both  as  to 
revenue  and  effective  for  the  encouragement  of  manufactures, 
and  seemed  to  consider  the  whole  of  the  imposts  (salt  excepted) 
much  too  low.  Articles  of  luxury  many  of  them  would  have 
raised  one  half.  But  the  members,  both  from  the  North,  and 
still  more  particularly  from  the  South,  were  ever  in  a  flame 
when  any  articles  were  brought  forward  that  were  in  any  con 
siderable  use  among  them. 

Dined  this  day  with  Mr.  Morris.  Mr.  Fitzsimons  and  Mr. 
Clymer,  all  the  company,  except  Mrs.  Morris  and  three  chil 
dren.  Mrs.  Morris  talked  a  great  deal  after  dinner.  She  did 
it  gracefully  enough,  this  being  a  gayer  place,  and  she  being 
here  considered  as  at  least  the  second  female  character  at  court. 
As  to  taste,  etiquette,  etc.,  she  is  certainly  first.  I  thought  she 
discovered  a  predilection  for  New  York,  but  perhaps  she  was 
only  doing  it  justice,  while  my  extreme  aversion,  like  a  jealous 
sentinel,  is  for  giving  no  quarter.  I,  however,  happened  to 
mention  that  they  were  ill  supplied  with  the  article  of  cream. 
Mrs.  Morris  had  much  to  say  on  this  subject ;  declared  they 
had  done  all  they  could,  and  even  sent  to  the  country  all  about, 
but  that  they  could  not  be  supplied.  She  told  many  anecdotes 
on  this  subject ;  particularly  how  two  days  ago  she  dined  at 
the  President's.  A  large,  fine-looking  trifle  was  brought  to 
table,  and  appeared  exceedingly  well  indeed.  She  was  helped 
by  the  President,  but  on  taking  some  of  it  she  had  to  pass  her 


74  WASHINGTON'S  POSITION  ON  SALARIES.  [1789 

handkerchief  to  her  mouth  and  rid  herself  of  the  morsel ;  on 
which  she  whispered  the  President.  The  cream  of  which  it  is 
made  had  been  unusually  stale  and  rancid ;  on  which  the  Gen 
eral  changed  his  plate  immediately.  u  But,"  she  added  with  a 
titter,  "  Mrs.  Washington  ate  a  whole  heap  of  it." 

But  where  in  the  world  has  this  trifle  led  me?  I  have 
ever  been  very  attentive  to  discover,  if  possible,  General 
Washington's  private  opinions  on  the  pompous  part  of  gov 
ernment.  His  address  of  "  fellow-citizens  "  to  the  two  Houses 
of  Congress  seems  quite  republican.  Mrs.  Morris,  however, 
gave  us  something  on  this  subject.  General  Washington,  on 
a  visit  to  her,  had  declared  himself  in  the  most  pointed  man 
ner  for  generous  salaries  •  and  added  that,  without  large  sala 
ries,  proper  persons  could  never  be  got  to  fill  the  offices  of  gov 
ernment  with  propriety '.  He  might  deliver  something  of  this 
kind  with  propriety  enough  without  using  the  word  "  large." 
However,  if  he  lives  with  the  pompous  people  of  New  York, 
he  must  be  something  more  than  human  if  their  high-toned 
manners  have  not  some  effect  on  him.  On  going  first  among 
Indians,  I  have  observed  decent  white  people  view  them  with 
a  kind  of  disgust ;  but,  when  the  Indians  were  by  far  the  most 
numerous,  the  disgust  would,  by  degrees,  wear  off,  indifference 
follows,  and  by  degrees  attachment  and  even  fondness.  How 
much  more  likely  are  the  arts  of  attention  and  obsequiousness 
to  make  an  imitative  impression  ! 

June  12th. — Attended  the  Judicial  Committee  and  had  the 
bill  read  over.  It  wras  long  and  somewhat  confused.  I  was 
called  out ;  they,  however,  reported  it  soon  after  the  Senate 
met,  and  a  number  of  copies  wrere  ordered  to  be  struck  off. 
Monday  sennight  appointed  for  it.  The  Indian  treaties  were 
now  taken  up  and  referred  to  a  committee  of  three  to  report, 
Mr.  Butler  made  a  most  flaming  speech  against  the  Judicial 
bill.  He  was  called  to  order  from  the  Chair,  and  was  not  a 
little  angry  about  it.  •  The  French  Convention  was  called  up 
and  read  respecting  the  privileges  of  consuls,  vice-consuls,  etc., 
but  was  postponed. 

We  now  adjourned,  and  I  went  to  the  levee.  I  was  rather 
late.  Most  of  the  company  were  coming  [away].  I  felt  easier 
than  I  used  to  do,  and  I  believe  I  had  better  attend  every  day 


JUNE  14]  DANGER  IN  THE  CONSTITUTION.  75 

until  I  finish  the  affair  of  Davy  Harris.  I  spoke  to  Colonel 
Humphreys,  and  desired  to  know  when  I  should  call  on  him. 
He  said  nine  o'clock.  I  believe  I  will  go  at  that  hour  to-mor 
row.  In  the  evening,  Mr.  White,  of  Virginia,  called  on  me. 
We  walked  after  tea ;  had  much  discourse  on  the  subject  of 
removing  Congress.  I  have  not  been  mistaken  in  my  opinion 
of  the  Virginians.  He  declared  for  staying  here,  rather  than 
agree  to  the  Falls  of  the  Delaware.  As  we  came  home,  the 
Speaker  overtook  us  on  horseback. 

June  13th. — Being  Saturday,  and  having  no  party  made  to 
go  anywhere,  went  to  the  House  of  Representatives  to  hear 
the  debates.  They  were  on  the  Collection  bill.  I  stayed  two 
hours.  They  were  in  committee,  and  really  made  but  small 
progress.  There  was  not  one  debate  worth  committing  to 
paper. 

Settled  with  my  landlord.     He  owes  me  £1  10s.  %d. 

June  Hth. — Wrote  this  day  two  sets  of  letters  home — one 
to  Mr.  Harris,  inclosing  one  to  Mrs.  Maclay,  to  go  by  a  Mrs. 
Ofsay,  of  Harrisburg  ;  the  other  set  to  go  by  the  post.  Oh, 
this  was  a  dreary,  joyless  day  !  I  think  I  shall  long  remember 
it.  I  was  ill  with  my  sore  knee ;  went  to  the  bathing-house 
and  bathed ;  did  not  go  to  any  place  of  worship ;  could  not 
engage  myself  to  reading ;  had,  indeed,  no  book  of  an  engaging 
nature.  I  will  leave  a  blank  here,  which  I  can  fill  up  at  my 
leisure  if  I  choose. 

My  mind  revolts,  in  many  instances,  against  the  Constitu 
tion  of  the  United  States.  Indeed,  I  am  afraid  it  will  turn 
out  the  vilest  of  all  traps  that  ever  was  set  to  ensnare  the 
freedom  of  an  unsuspecting  people.  Treaties  fortned  by  the 
Executive  of  the  United  States  are  to  be  the  law  of  the  land. 
To  cloak  the  Executive  with  legislative  authority  is  setting 
aside  our  modern  and  much-boasted  distribution  of  power  into 
legislative,  judicial,  and  executive — discoveries  unknown  to 
Locke  and  Montesquieu,  and  all  the  ancient  writers.  It  cer 
tainly  contradicts  all  the  modern  theory  of  government,  and  in 
practice  must  be  tyranny. 

Memorandum :  Get,  if  I  can,  The  Federalist  without  buy 
ing  it.  It  is  not  worth  it.  But,  being  a  lost  book,  Izard,  or 
some  one  else,  will  give  it  to  me.  It  certainly  was  instru- 


Y6  CROMWELL   ORIGINATES  PROTECTION.  [1789 

mental  in  procuring  the  adoption  of  the  Constitution.  This  is 
merely  a  point  of  curiosity  and  amusement  to  see  how  wide 
of  its  explanations  and  conjectures  the  stream  of  business  has 
taken  its  course. 

June  15th)  Monday. — Attended  at  the  Hall,  and  the  Ton 
nage  Act  was  taken  up.  We  got  about  half-way  through  the 
first  clause  of  it  by  four  o'clock.  A  clause  stood,  "  On  all 
ships  or  vessels  within  the  United  States,  and  belonging  wholly 
to  citizens  thereof"  Izard  moved  to  have  the  latter  part 
struck  out,  the  effect  of  which  would  have  been  that  no  dis 
crimination  would  have  been  made  between  our  own  citizens 
and  foreigners.  Lee,  Butler,  Grayson,  Izard,  and  Few  argued 
in  the  most  unceasing  manner,  and,  I  thought,  most  absurdly, 
on  this  business.  The  first  time  I  made  a  short  remark  that 
the  foreigner  and  citizen  must  both  build  their  ships  in  Amer 
ica,  and  then  evidently,  for  everything  that  followed,  they 
stood  alike ;  that  the  superior  capital  of  the  foreigners  would 
enable  them  to  build  ships  lower  than  us,  and  would  in  time 
give  them  the  whole  of  our  trade  ;  that  the  bill  bore  on  the 
face  of  it  a  discrimination  in  favor  of  our  merchants,  but  the 
fact  would  turn  out  otherwise,  and  therefore  I  was  for  con 
tinuing  the  clause  as  it  stood. 

A  little  before  the  question  was  put,  I  rose  a  second  time ; 
said  no  former  transaction  was  so  likely  to  throw  light  on  this 
subject  as  a  short  history  of  the  British  Navigation  Act. 
Cromwell  originated  it  in  a  spleen  against  the  Dutch,  but  the 
effects  were  seen  before  the  Restoration  [1660],  and  it  was  then 
re-enacted.  Great  murmurs  arose.  The  Scotch  thought  them 
selves  ruined,  and  sent  their  peers  up  to  remonstrate  against 
it.  The  tonnage  of  Great  Britain  then  stood  95,206.  In  fif 
teen  years  it  was  190,533  ;  in  twenty  years  more  it  was  273,- 
693.  The  present  tonnage  of  Massachusetts  alone  is  now 
100,000. 

It  has  been  urged  that  it  would  be  time  enough,  half  a  cent 
ury  hence,  to  talk  of  measures  for  a  navy.  A  single  State 
was  in  a  better  condition  now,  in  point  of  shipping,  than  the 
British  nations  at  the  Restoration.  Therefore,  delay  was  the 
worst  policy.  It  wras  generally  allowed  that  the  spirit  of  the 
Navigation  Act  was  to  give  a  monopoly  of  the  trade  of  the 


JUNE  16]  TWO   EXTREMES   OF   PROTECTION.  77 

British  nation  to  their  own  shipping  and  sailors.  In  a  view 
solely  mercantile,  this  was  perhaps  wrong,  as  by  these  means 
our  foreign  articles  would  be  dearer  and  our  home  produce 
cheaper.  But  the  object  was  a  national  one.  Shipping  and 
sailors  were  the  objects ;  and,  though  the  landed  part  of  the 
community  was  not  perhaps  so  rich,  yet  the  nation  was  safe, 
for  national  power  is  of  more  consequence  than  individual 
wealth.  The  suspension  of  the  Navigation  Act,  it  was  be 
lieved,  would  be  productive  of  a  great  flow  of  wealth  to  the 
British  nation,  or  at  least  the  manufacturing  and  agricultural 
parts  of  it,  but  the  purchase  would  cost  them  their  shipping 
and  sailors.  And,  finally,  the  foreigners  would  have  a  mo 
nopoly  of  the  whole  traffic,  one  of  the  worst  of  evils,  provided 
they  conducted  their  navigation  on  terms  of  more  economy,  as 
was  generally  believed  of  the  Dutch.  But  what  are  we  doing? 
Were  we  passing  a  Navigation  Act  ?  ~No.  A  slight  discrimi 
nation  was  all  that  was  aimed  at,  and  if  the  motion  was 
adopted  the  discrimination  would  operate  against  us.  The 
question  was  put  and  the  clause  remained. 

Xear  four  o'clock,  and  adjourned. 

June  16th. — This  day  passed  the  residue  of  the  Tonnage 
bill,  with  much  debate.  Broke  up  early,  and  went  to  hear  the 
debates  in  the  House  of  Representatives.  After  dinner  went 
and  walked  a  considerable  time  to  try  to  gain  strength  in  my 
knee.  Some  observations  having  called  me  up  this  day,  I 
endeavored  to  comprise  all  I  had  to  say  in  as  little  bounds  as 
possible,  by  observing  that  there  were  two  extremes  in  com 
mercial  relations  equally  to  be  avoided.  The  principle  of  the 
Navigation  Act  might  be  carried  so  far  as  to  exclude  all  for 
eigners  from  our  ports.  The  consequences  would  be  a  monop 
oly  in  favor  of  the  mercantile  interest.  The  other  was  an 
unlimited  license  in  favor  of  foreigners,  the  consequence  of 
which  would  be  a  monopoly  in  favor  of  the  cheapest  carriers, 
and  in  time  a  total  dependence  on  them.  Both  extremes  ought 
to  be  avoided,  by  giving  certain  indulgences  to  our  own  trade 
and  that  of  our  friends,  in  such  degree  as  will  secure  them  the 
ascendency,  without  hazarding  the  expulsion  of  foreigners 
from  our  ports. 

June  17th. — The  balloting  business  prevented  my  mention- 


78  THE  TONNAGE  ACT.  [1789 

ing  in  order  the  more  important  debate  on  the  Tonnage  Act. 
The  villainous  amendments  (for  which  we  may  thank  the  in 
fluence  of  this  city)  for  doing  away  with  the  discrimination 
between  foreigners  in  and  out  of  treaty  with  us  have  been 
carried.  It  was  in  vain  that  I  gave  them  every  opposition  in 
my  power.  I  laid  down  a  marked  difference  between  impost 
and  tonnage.  The  former  imposition  is  paid  by  the  consumer 
of  the  goods ;  the  latter  rests  on  the  owner  of  the  ship,  at 
least  in  the  first  instance ;  that  sound  policy  dictated  the 
principle  of  encouraging  the  shipping  of  our  friends ;  that 
nations  not  in  treaty  would  not  be  considered  as  the  most 
friendly.  I  read  the  fifth  article  of  the  commercial  treaty 
with  France,  and  denied  that  we  had  power  of  imposing  any 
tonnage  on  her  shipping,  save  an  equivalent  to  the  one  hun 
dred  sols  on  coasters.  I  gave  my  unequivocal  opinion  that  a 
want  of  discrimination  in  her  favor  was  contrary  to  the  spirit 
of  the  treaty,  and  expressed  fears  of  her  resentment.  Els- 
worth  answered  me,  but  the  most  that  he  said  was  that  our 
interests  called  for  it,  and  he  pledged  himself  that  we  would 
never  hear  from  France  about  it.  But  speaking  was  in  vain. 
I  never  saw  the  Senate  more  listless  nor  inattentive,  nor  more 
determined. 

Inclosed  copies  of  the  Judicial  bill  to  Lewis,  Peters,  Tench 
Coxe,  and  Myers  Fisher.  Called  on  Mr.  Morris,  and  signed 
with  him  jointly  letters  to  the  President  and  the  Chief  Justice 
inclosing  copies.  From  here  called  on  Mr.  Scott.  Told  him 
of  the  request  of  the  arrangement  committee.  Met  and  made 
a  short  report.  The  Senate  formed,  passed  the  residue  of  the 
Impost  bill  without  much  debate. 

In  now  came  Mr.  Jay  to  give  information  respecting  Mr. 
Short,  who  was  nominated  to  supply  the  place  of  Mr.  Jefferson 
at  the  court  of  France  while  Mr.  Jefferson  returned  home. 
And  now  the  Yice-President  rose  to  give  us  a  discourse  on  the 
subject  of  form ;  how  we  should  give  our  advice  and  consent. 
I  rose,  perhaps  more  early  than  might  have  been  wished  by 
some,  and  stated  that  this  business  was  in  the  nature  of  an  elec 
tion  ;  that  the  spirit  of  the  Constitution  was  clearly  in  favor  of 
ballot ;  that  this  mode  could  be  applied  without  difficulty ;  that, 
when  the  person  was  put  up  in  nomination,  the  favorable  tick- 


JUNE  17]  "VIVA  VOCE"  OR  "BALLOT"?  79 

ets  should  have  a  yea  and  the  others  should  be  blanks.  Few, 
of  Georgia,  rose  and  seconded  me.  Izard  made  a  long  speech 
against  it.  Mr.  Carrol  spoke  against  it,  Mr.  Langdon,  and 
Mr.  Morris ;  but  Lee,  Elsworth,  and  Butler  for  it.  Mr.  Mor 
ris'  speech  turned  principally  on  its  being  below  the  dignity 
of  the  Senate,  who  should  be  open,  bold,  and  unawed  by  any 
consideration  whatever. 

I  rose  at  last  and  spoke  perhaps  longer  than  I  had  done  on 
any  former  occasion.  It  had  been  considered  as  unworthy  of 
a  Senator  to  conceal  any  vote.  The  good  of  the  public,  how 
ever,  required  secrecy  in  many  things,  but  the  ballot  did  not 
take  away  the  right  of  open  conduct.  On  the  contrary,  it  was 
the  duty  of  every  Senator  to  disclose  the  defects  of  any  candi 
date  where  they  were  great  or  might  be  attended  with  danger 
to  the  public.  But  as  the  nominations  came  from  the  Presi 
dent,  it  was  not  to  be  expected  that  characters  notoriously 
flagitious  would  ever  be  put  in  nomination.  Every  Senator 
when  voting  openly  would  feel  inconvenience  from  two  quar 
ters,  or  at  least  he  was  subjected  to  it.  I  would  not  say,  in 
European  language,  that  there  would  be  court  favor  and  court 
resentment,  but  there  would  be  about  the  President  a  kind  of 
sunshine  that  people  in  general  would  be  well  pleased  to  enjoy 
the  warmth  of.  Openly  voting  against  the  nominations  of  the 
President  would  be  the  sure  mode  of  losing  this  sunshine. 
This  was  applicable  to  all  Senators  in  all  cases.  But  there  was 
more.  A  Senator,  like  another  man,  would  have  the  interests 
of  his  friends  to  promote.  The  cause  of  a  son  or  brother 
might  be  lodged  in  his  hands.  Will  such  a  one,  in  such  a  case, 
wish  openly  to  oppose  the  President's  judgment  ? 

But  there  are  other  inconveniences.  The  disappointed  can 
didate  will  retaliate  the  injury  which  he  feels  against  the  Sena 
tor.  It  may  be  said  the  Senator's  station  will  protect  him. 
This  can  only  extend  to  the  time  of  his  being  in  office,  and  he, 
too,  must  return  to  private  life,  where,  as  a  private  man,  he 
must  answer  for  the  offenses  given  by  the  Senator.  The  ballot 
left  the  judgment  equally  free,  and  none  of  the  above  incon 
veniences  followed.  When,  then,  equal  advantages  flowed, 
without  any  of  the  disadvantages,  the  mode  least  subject  to  in 
convenience  was  preferable.  Many  gentlemen  had  declared 


80  "VIVA   VOCE"  OR  "BALLOT"?  [1789 

how  perfectly  indifferent  it  was  to  them.  I  believe  the  same 
thing  of  every  Senator  in  the  present  House.  But  was  this 
always  to  continue?  No.  We  must  expect  men  of  every  class 
and  every  description  within  these  walls.  The  present  charac 
ter  of  our  President  was  no  security  that  we  should  always 
have  men  equally  eminent ;  that  in  those  places  where  elections 
were  conducted  viva  voce  the  hopes  and  fears  of  electors  were 
so  wrought  on  by  the  wealthy,  powerful,  and  bold,  that  few 
votes  were  given  entirely  free  from  influence,  unless  it  was  by 
the  happy  few  who  were  independent  in  spirit  as  well  as  in 
fortune ;  that  we  need  not  expect  the  Senate  would  always  be 
composed  of  such  desirable  characters.  It  had  been  clearly 
stated  and  admitted  that  the  mode  by  ballot  was  equally  appli 
cable  to  the  present  case  as  that  by  viva  voce,  and,  being  free 
from  any  inconveniences  that  the  other  was  subject  to,  ought 
undoubtedly  to  be  adopted. 

June  18th. — And  now  the  mode  of  approving  or  disap 
proving  of  the  nomination.  I  did  not  minute  it  yesterday,  but 
our  Yice-President  rose  in  the  chair  and  delivered  his  opinion 
how  the  business  ought  to  be  done.  He  read  the  Constitution, 
argued,  and  concluded :  "  I  would  rise  in  the  chair,  and  put 
the  question  individually  to  the  Senators  :  Do  you  advise  and 
consent  that  Mr.  Short  be  appointed  charge  d'affaires  at  the 
court  of  France  ?  Do  you  and  do  you  ?  "  Mr.  Carrol  spoke 
long  for  the  viva  voce  mode.  He  said  the  ballot  was  produc 
tive  of  caballing  and  bargaining  for  votes.  He  then  wandered 
so  wide  of  the  subject  as  to  need  no  attention.  Mr.  ELsworth 
made  a  most  elaborate  harangue.  A  great  part  of  it  was,  how 
ever,  about  the  duty  of  our  Yice-President,  and  inventing  a 
mode  how  he  also  might  ballot  in  the  case  of  a  division.  He, 
however,  toward  the  close  of  it  made  a  strange  distinction, 
that  voting  by  ballot  suited  bashful  men  best,  but  was  the 
worst  way  for  bad  and  unprincipled  men.  I  wished  to  repeat 
nothing  of  what  had  been  said  yesterday,  but  replied  that,  so 
far  from  balloting  being  productive  of  caballing,  it  was  the  very 
bane  and  antidote  against  it ;  that  men  made  bargains  for  cer 
tainties,  but  it  was  in  vain  to  purchase  or  bargain  for  a  vote  by 
ballot,  which  there  was  no  certainty  of  the  party  ever  obtain 
ing,  as  he  had  no  method  of  securing  the  performance  of  a 


JUNE  18]  "VIVA  VOCE"   OR  "BALLOT"?  81 

promise  or  of  knowing  whether  he  was  deceived  or  not ;  that 
as  to  the  distinction  of  balloting  being  the  worst  way  for  bad 
men,  I  thought  differently.  The  worst  of  men  were  known  to 
respect  virtue.  The  ballot  removed  all  extrinsic  force  or  obli 
gation.  It  was  the  only  chance  of  making  a  bad  man  act  just 
ly  ;  the  matter  wras  left  to  his  own  conscience ;  there  were  no 
witnesses.  If  he  did  wrong,  it  was  because  he  loved  vice  more 
than  virtue,  which  I  believe,  even  among  bad  men,  was  not 
the  fact  in  one  case  out  of  ten.  The  question  was  at  last  taken, 
and  carried  by  eleven  votes,  seven  against  it.  Izard  was  so 
crooked  he  voted  against  us,  though  he  had  spoken  for  us,  and 
quoted  Harrington  to  show  his  reading. 

The  people  who  lost  this  question  manifested  much  uneasi 
ness,  particularly  the  Yice-President  and  Langdon.  Langdon 
was  even  fretful.  The  Yice-President  threw  difficulties  in  our 
way.  The  Senate  had  decreed  their  advice  and  consent  by 
ballot.  u  Nothing  like  this  in  history  had  ever  been  heard 
before.  But  what  rank  was  Mr.  Short  to  hold  in  the  diplo 
matic  corps  ?  What  kind  of  commission  was  he  to  have  ? 
This  must  be  settled  by  ballot/'  He  [Adams]  set  us  afloat  by 
these  kinds  of  queries,  and  an  hour  and  a  quarter  was  lost  in 
the  most  idle  discourse  imaginable.  He  seemed  willing  to  en 
tangle  the  Senate,  or  rather  some  of  them  were  entangled 
about  the  Secretary  of  the  Legation  and  the  charge  d'affaires, 
not  knowing  the  distinction.  We,  however,  got  through  it  by 
a  resolution  declaring  our  advice  and  consent  in  favor  of  Mr. 
Short. 

After  having  again  explained  the  manner  of  concurring  or 
rejecting  a  nomination  by  ballot  in  a  manner  so  plain  as  did 
not  admit  of  contradiction,  I  replied  to  the  observation  that 
"  no  example  of  anything  of  the  kind  could  be  found  in  his 
tory,"  that  in  the  old  kingdom  of  Aragon,  where,  though  the 
executive  was  monarchical,  yet  that  republican  provisions  had 
been  attended  with  unexampled  attention.  The  court  ap 
pointed  by  the  Justiza  gave  their  sentence  by  ballot,  and  [I] 
offered  to  produce  history  to  the  point,  but  was  not  contradict 
ed.  Took  up  the  impost  and  talked  idly  to  pass  the  usual 
time  of  adjournment.  An  adjournment  was  called  for  and 
took  place. 
6 


82  DANGEROUS  TENDENCY  IN   GOVERNMENTS.          [1789 

I  have  ever  been  as  attentive  as  I  possibly  conld  be  to  dis 
cover  the  real  disposition  of  President  Washington.  He  has 
been  very  cautions  hitherto,  or  rather  inactive,  or  shall  I  say 
like  a  pupil  in  the  hands  of  his  governor  or  a  child  in  the  arms 
of  his  nurse  ?  The  message  about  Mr.  Short  touches  a  matter 
that  may  be  drawn  into  precedent.  It  states  the  desire  of  Mr. 
Jefferson  to  return  for  some  time,  and  nominates  Mr.  Short  to 
supply  his  place  during  such  absence.  The  leave  for  return, 
etc.,  is  not  laid  before  the  Senate.  Granting  this  power  to  be 
solely  with  the  President,  the  power  of  dismissing  ambassadors 
seems  to  follow,  and  some  of  the  courtiers  in  the  Senate  fairly 
admit  it.  I  chose  to  give  the  matter  a  different  turn,  and  de 
livered  my  opinion  :  That  our  concurring  in  the  appointment 
of  Mr.  Short  fully  implied  the  consent  of  the  return  of  Mr. 
Jefferson ;  that  if  we  chose  to  prevent  the  return  of  Mr.  Jef 
ferson,  it  was  only  to  negative  the  nomination  of  Mr.  Short  or 
any  other  one  to  fill  his  place.  It  is  the  fault  of  the  best  gov 
ernors,  when  they  are  placed  over  a  people,  to  endeavor  to 
enlarge  their  powers  by  applying  to  public  stations  what  would 
be  laudable  in  private  individuals,  a  desire  of  bettering  their 
stations.  Thus  the  farmer  acts  well  who  by  industry  adds 
field  to  field,  and  so  would  the  governor  who  would  add  to  the 
public  wealth  or  happiness ;  but  adding  to  the  personality,  if  I 
may  so  speak,  or  to  the  personal  power  of  the  governor,  is  a 
faulty  industry.  A  question  has  been  agitated  with  great 
warmth  in  the  House  of  Representatives  whether  the  sole  pow 
er  of  displacing  officers,  or,  to  speak  strictly,  the  Secretary  of 
Foreign  Affairs,  shall  remain  with  the  President.  From  the 
small  beginning  in  the  case  of  Mr.  Short,  it  is  easy  to  see  what 
the  court  opinion  will  be  with  respect  to  this  point.  Indeed, 
I  entertain  no  doubt  but  that  many  people  are  aiming  with  all 
their  force  to  establish  a  splendid  court  with  all  the  pomp  of 
majesty.  Alas  !  poor  Washington,  if  you  are  taken  in  this 
snare  !  How  will  the  gold  become  dim  !  How  will  the  fine 
gold  be  changed  !  How  will  your  glory  fade  ! 

Neutrality,  the  point  of  profit,  the  grand  desideratum  of  a 
wise  nation,  among  contending  powers.  Multiplied  engage 
ments  and  contradictory  treaties  go  to  prevent  this  blessing 
and  invite  a  nation  in  foreign  quarrels.  China,  geographically 


JUNE  19]     REPRESENTATIVES  REJECT  THE  IMPOST  BILL.    83 

speaking,  may  be  called  the  counterpart  to  onr  American 
world.  Oil,  that  we  could  make  her  policy  the  political  model 
of  our  conduct  with  respect  to  other  nations — ready  to  dispose 
of  her  superfluities  to  all  the  world !  She  stands  committed  by 
no  engagement  to  any  foreign  part  of  it ;  dealing  with  every 
comer,  she  seems  to  say,  "  We  trade  with  you  and  you  with  us, 
while  common  interest  sanctifies  the  connection ;  but,  that  dis 
solved,  we  know  no  other  engagement." 

June  19ih,  Friday. — And  now  the  Impost  bill,  as  sent 
back  from  the  House  of  Representatives  with  an  almost  total 
rejection  of  our  amendments,  was  taken  up.  There  was  but 
little  speaking.  Mr.  Lee  made  a  distinction,  in  his  parlia 
mentary  way,  between  the  word  "  insist "  and  "  adhere,"  and  it 
w^as  carried  to  use  the  word  "  insist."  After  the  first  two  arti 
cles  were  insisted  on,  Mr.  Morris  moved  that  one  question 
should  be  taken  on  all  the  other  disagreements.  "  Saving 
time  "  was  his  object,  but  we  only  lost  by  it.  He  did  not  seem 
to  have  been  well  understood.  I  rose  and  explained  his  mo 
tion,  and  to  his  satisfaction,  as  he  said.  The  result  of  the 
whole  was  that  we  insisted  on  nearly  all  our  amendments,  and 
I  suppose  they  [the  Representatives]  will  adhere  to  the  origi 
nal  bill.  This  really  seems  like  playing  at  cross-purposes  or 
differing  for  the  sake  of  sport.  I  voted  on  the  principles  of 
accommodation  throughout  the  whole.  Indeed,  this  was  but 
repeating  my  former  vote.  Indeed,  there  was  nothing  to  dif 
fer  about ;  only  opinion  founded  on  conjecture.  One  imagined 
a  thing  was  too  high  ;  another  thought  it  too  low ;  my  opinion 
was  they  wrere  all  too  low  to  raise  the  money  which  we  want 
ed  ;  others  wished  them  low  on  purpose  that  the  deficiency 
might  be  so  great  that  we  would  be  forced  into  an  excise.  I 
abhorred  this  principle,  though  my  colleague  is  fond  of  it. 
Adjourned  over  to  eleven  o'clock  on  Monday. 

And  now  I  will  endeavor  to  use  this  interval  in  riding,  to 
try  to  drive  this  vile  rheumatism  out  of  my  knee.  I  have 
never  been  perfectly  recovered  of  it,  and  my  right  knee  is  still 
much  swelled.  Went  to  hire  a  horse  after  dinner.  Could  not 
get  a  very  indifferent  one  with  saddle  and  bridle  under  two 
shillings  per  hour ;  thought  this  extravagant,  and  would  not 
pay  it.  Spent  [until]  night  trying  to  get  one.  Vandalsen 


84  PEOPLE  FEAR  CONGRESS.  [1789 

hired  one  for  me  at  a  dollar  per  day  or  half  for  half  a  day. 
Saturday  was  on  horseback  at  five  o'clock  and  rode  to  near 
eight ;  came  home  ;  breakfasted  ;  rested  one  hour  and  a  half  ; 
rode  to  twelve ;  asked  what  I  had  to  pay,  and  was  obliged  to 
pay  six  shillings.  The  horse  would  not  have  sold  for  more 
than  six  or  seven  pounds.  Was  exceedingly  fatigued  ;  bathed ; 
rested  to  near  four,  and  joined  the  Speaker  and  a  party  to  drink 
tea  at  one  Lephers,  where  we  were  civilly  treated.  Think  my 
knee  is  not  the  worse  of  the  riding.  The  day  excessively  hot. 

June  21st. — Eode  till  eight  o'clock ;  very  warm ;  think  I 
never  felt  the  heat  more  oppressive  in  my  life.  Stayed  at 
home  and  wrote  to  my  family.  In  the  evening  Clymer  and 
Fitzsimons  passed ;  walked  a  short  way  with  them.  I  gave 
my  opinion  in  plain  language  that  the  confidence  of  the  people 
was  departing  from  us,  owing  to  our  unreasonable  delays  ; 
asked  them,  "  Have  you  received  any  letters  showing  signs  of 
such  a  temper  ?  "  Fitzsimons  said  no,  but  the  thing  told  for 
itself,  and  could  not  be  otherwise. 

£1  7s.  8d.  due  by  my  landlord. 


JJNB22]  THE  JUDICIARY  BILL.  85 


CHAPTEE  III. 

THE    JUDICIARY    BILL. 

June  SM. — Attended  the  Senate.  The  bill  for  settling 
the  new  judiciary  was  taken  up.  Much  discourse  about  the 
mode  of  doing  business.  "We  were  in  committee.  The  first 
and  second  clauses  postponed.  A  question  was  taken  whether 
there  should  be  district  courts.  Much  wrangling  about  words. 
This  was  carried.  But  now  Mr.  Lee  brought  forward  a  motion 
nearly  in  the  words  of  the  Virginia  amendment,  viz.,  "  That 
the  jurisdiction  of  the  Federal  courts  should  be  confined  to 
cases  of  admiralty  and  maritime  jurisdiction."  Lee  and  Gray- 
son  supported  this  position.  Elsworth  answered  them,  and 
the  ball  was  kept  up  until  past  three  o'clock.  The  question 
was  going  to  be  put.  I  rose  and  begged  to  make  a  remark  or 
two.  The  effect  of  the  motion  was  to  exclude  the  Federal 
jurisdiction  from  each  of  the  States  except  in  admiralty  and 
maritime  cases.  But  the  Constitution  expressly  extended  it  to 
all  cases,  in  law  and  equity,  under  the  Constitution  and  laws 
of  the  United  States  ;  treaties  made  or  to  be  made,  etc.  We 
already  had  existing  treaties,  and  were  about  making  many 
laws.  These  must  be  executed  by  the  Federal  judiciary.  The 
arguments  which  had  been  used  would  apply  well  if  amend 
ments  to  the  Constitution  wrere  under  consideration,  but  cer 
tainly  were  inapplicable  here.  I  sat  down ;  some  called  for 
the  question  and  some  for  an  adjournment.  The  adjournment 
carried. 

Strong  this  day  mentioned  in  conversation  that  the  Presi 
dent  would  continue  no  longer  in  office  than  [when]  he  saw  mat 
ters  fairly  set  going,  and  then  Mr.  Adams  will  begin  his  reign. 
This  no  doubt  is  a  desirable  era  for  the  New  England  men. 


86  "WHEN   WE  PUFFED  ADAMS."  [1789 

The  very  principles  which  actuated  Dr.  Hush  and  myself  when 
we  puffed  John  Adams  in  the  papers  and  brought  him  forward 
for  Y ice-President  will  probably  make  him  President.  We 
knew  his  vanity,  and  hoped  by  laying  hold  of  it  to  render  him 
useful  among  the  New  England  men  in  our  scheme  of  bring 
ing  Congress  to  Pennsylvania.  But  his  pride,  obstinacy,  and 
folly  are  equal  to  his  vanity,  and,  although  it  is  a  common  ob 
servation  that  fools  are  the  tools  of  knaves — and  I  am  certain 
weak  men  are  often  brought  forward  with  such  views— yet 
John  Adams  has  served  to  illustrate  two  points  at  least  with 
me,  viz.,  that  a  fool  is  the  most  unmanageable  of  all  brutes, 
and  that  flattery  is  the  most  irksome  of  all  service. 

June  23d. — Attended  at  the  Hall  a  little  after  ten.  Came 
into  the  Senate  chamber.  There  was  nobody  here  but  Mr. 
Adams.  He  was  in  the  great  chair.  When  I  came  in  he  left 
it ;  came  and  sat  near  me  until  he  read  a  newspaper ;  shifted 
to  the  chair  next  to  me ;  began  a  discourse  on  the  subject  of 
Pennsylvania.  Said  they  were  "  the  best  republicans  in  the 
Union.  Their  adoption  was  unequivocal.  This  could  not  be 
said  of  Boston,  New  York,  or  Virginia."  Surely  there  was  a 
meaning  in  this.  I  replied  that  we  had,  no  doubt,  our  faults  ; 
but  certainly  the  virtues  of  plainness,  industry,  and  frugality 
would  be  allowed  to  us  in  some  degree ;  that  Federalism  was 
general,  but  there  was  a  general  abhorrence  of  the  pomp  and 
splendid  expense  of  government,  especially  everything  which 
bordered  on  royalty.  Several  members  came  in  and  joined  us. 

Senate  formed  and  the  business  of  yesterday  was  taken  up 
just  where  we  left  it.  The  discourses  of  yesterday  were  all  re 
peated.  Mr.  Lee  endeavored  to  give  the  whole  business  a  new 
turn,  to  elude  the  force  of  what  I  had  said  yesterday.  Accord 
ing  to  his  explanation  on  admiralty  and  maritime  jurisdiction 
he  would  have  taken  in  a  vast  field.  I  rose  and  read  over  from 
the  Constitution  a  number  of  the  powers  of  Congress — viz., 
collecting  taxes,  duties,  imposts,  naturalization  of  foreigners, 
laws  respecting  the  coinage,  punishing  the  counterfeiting  of 
the  coin,  treason  against  the  United  States,  etc. ;  declared  that 
no  force  of  construction  could  bring  these  cases  within  admi 
ralty  or  maritime  jurisdiction,  and  yet  all  these  cases  were  most 
expressly  the  province  of  the  Federal  Judiciary.  So  that  the 


JUNE  23]          THE  TWELVE  JUDGES  OF  ENGLAND.  3.7 

question  expressly  turned  on  this  point,  "  Shall  we  follow  the 
Constitution  or  not  ? "  I  said  a  good  deal  more,  but  this  was 
the  substance.  Mr.  Lee,  after  some  time,  opposed  me  with  a 
very  singular  argument.  He  rose  and  urged  that  the  State 
judges  would  be  all  sworn  to  support  the  Constitution  ;  that 
they  must  obey  their  oath  and,  of  course,  execute  the  Federal 
laws.  He  varied  this  idea  in  sundry  shapes.  I  rose  and  op 
posed  to  this  that  the  oath  taken  by  the  State  judges  would 
produce  quite  a  contrary  effect ;  that  they  would  swear  to  sup 
port  the  Constitution  ;  that  the  Constitution  placed  the  judicial 
power  of  the  Union  in  one  Supreme  Court,  and  such  inferior 
courts  as  should  be  appointed  ;  and,  of  course,  the  State  judges, 
in  virtue  of  their  oaths,  would  abstain  from  every  judicial  act 
under  the  Federal  laws,  and  would  refer  all  such  business  to 
the  Federal  courts  ;  that  if  any  matter  made  cognizable  in  a 
Federal  court  should  be  agitated  in  a  State  court,  a  plea  to  the 
jurisdiction  would  immediately  be  put  in  and  proceedings 
would  be  stayed.  No  reply  was  made  ;  the  question  was  soon 
taken  and  the  motion  was  rejected. 

The  first  clause  of  the  bill  was  now  called  for.  Grayson 
made  a  long  harangue.  I  mentioned  that  I  thought  this  an 
improper  time  to  decide  absolutely  on  this  part  of  the  bill.  If 
the  bill  stood  in  its  present  form  and  the  Circuit  Courts  were 
continued,  six  judges  appeared  to  be  too  few.  If  the  Circuit 
Courts  were  struck  out,  they  were  too  many  ;  that  it  would 
have  pleased  me  better ;  but  as  we  were  in  committee  I  would 
not  consider  myself  as  absolutely  bound  by  anything  that  hap 
pened  now,  but  would  reserve  myself  until  the  second  reading 
in  the  Senate.  Mr.  Elsworth  rose  and  made  a  most  elaborate 
harangue  on  the  necessity  of  a  numerous  bench  of  judges.  He 
enlarged  on  the  importance  of  the  causes  that  would  come  be 
fore  them,  of  the  dignity  it  was  necessary  to  support,  and  the 
twelve  judges  of  England  in  the  Exchequer  Chamber  were 
held  up  to  view  during  the  whole  harangue,  and  he  seemed  to 
draw  conclusions  that  twelve  were  few  enough.  I  readily  ad 
mitted  that  the  information  respecting  the  English  courts  was 
fairly  stated.  But  in  England  the  whole  mass  of  litigation  in 
the  kingdom  came  before  these  judges,  the  whole  suits  arising 
from  eight  or  nine  millions  of  people.  Here  it  was  totally 


$8  QUAKERS  ABUSED.  [1789 

different.  The  mass  of  causes  would  remain  with  the  State 
judges.  Those  only  arising  from  Federal  laws  would  come 
before  the  Federal  judges,  and  these  would  be  comparatively 
few  indeed.  When  they  became  numerous  it  would  be  time 
enough  to  increase  the  judges. 

Mr.  Grayson  rose  again  and  repeated  his  opinion  that 
numbers  were  necessary  to  procure  respectable  decisions.  I 
replied  that,  in  my  opinion,  the  way  to  secure  respectable  de 
cisions  was  to  choose  eminent  characters  for  judges  ;  that  num 
bers  rather  lessened  responsibility,  and,  unless  they  were  all 
eminent,  tended  to  obscure  the  decisions.  The  clause,  however, 
was  passed.  Adjourned  at  the  usual  hour. 

June  %Ji,th. — Kode  out  early  this  morning,  but  returned 
before  eight.  Attended  [Senate]  at  the  usual  time.  The  bill 
for  the  judiciary  was  taken  up.  The  first  debate  that  arose 
was  whether  there  should  be  Circuit  Courts  or  courts  of  nisi 
prius.  This  distinction  was  started  by  Mr.  Johnson,  from 
Connecticut.  Was  adopted,  and  spoke  long  to  by  Mr.  Butler. 
This  kept  us  most  of  the  day.  I  did  not  give  a  vote  either 
way — indeed,  I  do  not  like  the  bill.  The  vote  was  for  district 
courts.  We  proceeded  to  a  clause  about  Quakers  taking  an 
affirmation.  I  moved  an  amendment  that  all  persons  consci 
entiously  scrupulous  of  taking  an  oath  should  take  the  affirma 
tion.  Great  opposition  to  this.  The  Quakers  abused  by  Izard. 
Mr.  Morris  and  myself  defended  them.  I  read  the  Constitu 
tion  by  which  the  affirmation  is  left  open  to  every  one,  and 
called  this  whole  clause  unconstitutional.  The  President  him 
self  may  qualify  by  affirmation — the  Constitution  does  not  nar 
row  the  ground  of  conscience.  I  was  up  and  down  often  in 
this  business ;  but  the  grand  procession  of  the  Freemasons 
came  by  with  much  noise  of  music  a  little  after  three,  and  the 
House  adjourned. 

Had  a  very  long  walk  this  afternoon  with  Mr.  Contee  and 
Mr.  Seney,  of  Maryland.  They  seem  agreeable  and  accommo 
dating  men.  They  were  very  willing  to  remove  Congress  from 
this  place.  They  named  Harrisburg,  I  believe  to  try  me.  I 
said  little  in  favor  of  it,  but  assured  them  that  of  two  hundred 
acres  which  I  had  adjoining  that  town  they  should  have  one 
[hundred]  if  they  went  there. 


JUNE  26]  MANAGERS  OF  THE  CONFERENCE.  89 

My  memory  certainly  fails  me  of  late.  I  had  this  day  some 
conversation  of  importance  with  some  person  which  I  had  de 
termined  to  note  down,  but  it  has  escaped  from  my  memory, 
and  I  can  neither  recollect  person,  place,  nor  subject,  only  that 
I  had  determined  to  minute  it. 

June  25th. — Mr.  Wynkoop  carne  to  town  last  night.  I 
went  this  morning  with  him  to  visit  Mr.  Partridge  and  Mr. 
Sedgwick,  who  had  been  polite  enough  to  leave  cards  at  my 
lodgings.  Found  their  lodging  with  some  difficulty.  This 
business  over,  attended  at  the  Hall.  First  business  was  to  take 
up  the  Impost  bill.  Concurred  with  the.  Lower  House  about 
the  style  of  the  enacting  clause.  But  a  spirit  of  great  obsti 
nacy  was  manifested  with  regard  to  the  fourth  and  fifth  clauses. 
Mr.  Morris  most  pointedly  against  discrimination,  etc.,  between 
nations  in  treaty  and  others.  Lee  and  Elsworth  same.  The 
Tonnage  bill  was  read.  The  same  difference  occurred.  Man 
agers  of  conference  [were]  chosen  on  both  bills — Mr.  Morris, 
Mr.  Lee,  and  Mr.  Elsworth.  Read  the  bill  for  the  Department 
of  Foreign  Affairs.  Laid  on  the  table.  And  now  took  up  the 
judiciary  and  the  affair  of  the  affirmations.  Ran  Elsworth  so 
hard  and  the  other  anti-affirmants  on  the  anti-constitutionalism 
of  the  clause  that  they  at  last  consented  to  have  a  question 
taken  whether  the  clause  should  not  be  expunged,  and  expunged 
it  was.  Labored  in  the  judiciary  till  three,  and  adjourned. 

June  26th.— Attended  the  Hall  at  the  usual  time.  The 
managers  were  met  and  the  conference  begun.  The  Senate 
formed,  but  the  managers  were  absent  at  the  conference. 
Some  were  for  proceeding  and  others  were  for  waiting.  The 
members  strayed  to  and  from  the  conference  chamber.  An 
adjournment  was  often  spoken  of ;  at  last  moved  and  carried. 
Well  may  it  be  said  that  men  are  but  children  of  a  larger 
growth,  for  on  this  question  being  carried  there  was  the  same 
nutter  of  joy  among  the  members  that  I  have  seen  among 
children  in  a  school  on  giving  leave ;  and  away  all  hurried, 
except  a  few  that  remained  a  little  to  see  if  the  conference 
would  finish.  Among  them  I  was  one  who  wished  to  know 
the  results  of  the  conference. 

June  27th,  Saturday. — Went  a  little  before  ten  to  deliver 
a  letter  to  Mr.  Morris  in  favor  of  Mr.  Harris  from  a  Mr.  Rid- 


90  "I  AM   AN  ILL  COURTIER."  [1789 

ley.  Mr.  Morris  read  the  letter  and  only  remarked,  "  Mr. 
Harris'  friends  are  much  in  earnest."  I  mentioned  the  peti 
tion  which  I  held  in  my  hand  from  Mr.  Harris.  The  point  I 
wished  to  bring  matters  to  was  for  him  to  deliver  it  in.  He 
was  guarded,  and  threw  out  such  sentiments  as  showed  me  he 
would  not  move  in  the  matter ;  said  the  petition  had  best  be 
inclosed  in  a  cover  and  directed  to  the  President.  I  held  it 
up ;  said  it  was  directed  already ;  that  Mr.  Harris  wished  it 
might  be  put  into  the  hands  of  Colonel  Humphreys ;  that  I 
thought  I  had  best  follow  his  directions.  I  went  with  my 
lame  knees,  first  to  visit  Colonel  Butler,  who  had  been  thrown 
from  a  [sedan]  chair  with  Mr.  Huger  and  was  hurt.  Mr. 
Morris  went  with  me.  He  has  never  asked  me  to  his  house 
save  once,  and  I  shall  not  go  much. 

From  visiting  Mr.  Butler  I  went  to  the  President's.  The 
day  was  now  hot,  the  walk  was  long,  I  was  lame,  and  the 
streets  were  ripped  up  a  great  part  of  the  way  to  be  paved 
anew ;  all  these  things  made  the  journey  one  of  consequence. 
Some  years  ago  ten  times  as  far  would  have  been  nothing.  I 
saw  Colonel  Humphreys ;  inquired  for  the  President's  health, 
and  delivered  Mr.  Harris'  petition.  Humphreys  was  cold.  I 
can  not  say  what  will  come  of  it,  but  my  hopes  are  not  high. 
I  am  an  ill  courtier.  The  part  I  have  taken  in  Senate  lias 
marked  me  as  no  courtier,  and  I  fear  will  mark  poor  Davy 
as  a  man  not  to  be  brought  forward.  Returned  to  the  Hall 
very  much  fatigued. 

The  Senate  met.  The  managers  of  the  conference  reported 
an  agreement  of  a  number  of  articles.  But  the  bill  was  not  in 
the  Senate.  It  seems  when  the  conference  was  agreed  to  by 
the  Senate,  and  notice  of  such  concurrence  sent  down  to  the 
House  of  Representatives,  our  wise  Secretary  sent  down  the 
bills  along  with  the  communication.  I  was  for  insisting  that 
in  parliamentary  language  the  bills  were  still  before  the  Sen 
ate  ;  they  had  been  there  when  the  conference  was  appointed  ; 
no  vote  of  the  Senate  had  been  passed  to  send  them  down ; 
the  conference  was  appointed  only  on  the  disagreement.  There 
was  a  great  deal  said,  the  amount  of  which  resolved  itself  into 
this — that  a  mistake  had  been  committed.  Mr.  Morris  said  if 
the  bills  had  been  fairly  in  his  possession  he  would  have  brought 


JUNE  28]       JEALOUSY   BETWEEN   THE  TWO  HOUSES,  91 

them  back  to  the  Senate.  He  actually  went  to  try  to  get  them 
from  the  managers  on  the  part  of  the  House  of  Representa 
tives. 

There  seemed  to  be  a  jealousy  between  the  two  Houses 
who  should  act  first,  as  the  one  which  acted  last  would  reject 
the  bill,  or  at  least  have  the  blame  of  rejection  if  the  bill  was 
lost.  Gentlemen  could  not  reconcile  themselves  to  act  without 
the  bills,  for  there  were  two  of  them,  one  on  impost  and  the 
other  the  Tonnage  Act.  Some  moved  to  act  on  the  report  of 
the  managers.  After,  however,  much  desultory  conversation, 
it  was  agreed  to  take  up  the  bill  for  the  judiciary. 

AVe  were  proceeding  on  this  when  a  message  was  announced. 
Sundry  communications  were  brought  by  the  Clerk,  and  the 
amendments  of  the  Senate  were  all  adopted  on  the  Impost  bill 
save  on  the  articles  of  porter  and  coal.  Such  was  the  haste  of 
the  Vice-President  that  he  put  one  question  on  both  these  arti 
cles  at  once,  and  both  agreed  to.  But  the  Tonnage  bill  was  re 
tained,  and  the  principle  of  discrimination  between  nations  in 
treaty  and  those  not  was  still  adhered  to  by  the  House  of  Rep 
resentatives  on  this  bill.  Made  some  further  progress  in  the 
judiciary,  and  adjourned  about  two  o'clock. 

June  28th,  Sunday. — Spent  this  day,  except  a  small  ride 
in  the  morning,  at  home,  and  wrote  to  my  dear  family.  How 
can  I  answer  it  to  myself  that  I  stay  so  long  from  them  ?  How 
happy  will  my  return  make  all  their  little  hearts,  and  yet  I 
stay  here  wrangling  vile  politics  in  a  contentious  Senate,  where 
there  is  no  harmony  of  soul,  no  wish  to  communicate  a  happy 
sensation  ;  where  all  is  snipsnap  and  contradiction  short ; 
where  it  is  a  source  of  joy  to  place  the  speech  of  a  fellow- 
Senator  in  a  distorted  or  ridiculous  point  of  view ;  where  you 
may  search  the  whole  Union  and  can  not  say  that  you  can  find 
the  man  of  your  heart !  But  away  with  them,  and  let  me  think 
of  my  dear  family.  Sent  a  set  of  letters  by  Dr.  Ruston  for 
my  family. 

June  29th,  Monday. — Attended  at  the  Hall  early.  Sent 
my  letters  to  the  post-office ;  and  now  for  the  judiciary.  I 
made  a  remark  where  Elsworth  in  his  diction  had  varied  from 
the  Constitution.  This  vile  bill  is  a  child  of  his,  and  he  de 
fends  it  with  the  care  of  a  parent,  even  with  wrath  and  anger. 


92  ELSWORTH   CITES  BLACKSTONE.  [1789 

He  kindled,  as  lie  always  does,  when  it  is  meddled  with.  Lee, 
however,  after  some  time  joined  me.  Although  the  Vice- 
President  showed  himself  against  us,  we  carried  the  amend 
ment. 

We  got  on  to  the  clause  where  a  defendant  was  required, 
on  oath,  to  disclose  his  or  her  knowledge  in  the  cause,  etc.  I 
rose  and  declared  that  I  wished  not  to  take  up  the  time  of  the 
committee,  as,  perhaps,  few  would  think  with  me  (this  I  said 
in  allusion  to  what  had  happened  in  the  committee  when  I 
had  exerted  myself  in  vain  against  this  clause),  but  that  I 
could  not  pass  in  silence  a  clause  which  carried  such  inquisi 
torial  powers  with  it,  and  which  was  so  contrary  to  the  senti 
ments  of  my  constituents  ;  that  extorting  evidence  from  any 
person  was  a  species  of  torture,  and  inconsistent  with  the 
spirit  of  freedom.  But  perhaps  I  should  say  something  more 
pointed  when  the  matter  came  before  the  House  in  Senate. 
(My  reason  of  acting  thus  was :  I  had  spoken  to  Mr.  Morris 
and  found  he  would  not  second  me  in  it,  as  Myers  Fisher  had 
not  taken  notice  of  this  matter  in  his  letter.)  Patterson,  how 
ever,  of  the  Jerseys,  sprang  up  ;  declared  he  disliked  the  clause, 
and  having  spoken  a  while  moved  to  strike  it  out.  I  then  rose 
and  declared,  since  one  man  was  found  in  the  Senate  for  strik 
ing  it  out,  I  would  second  him. 

Up  now  rose  Elsworth,  and  in  a  most  elaborate  harangue 
supported  the  clause ;  now  in  chancery,  now  in  common  law, 
and  now  common  law  again,  with  a  chancery  side.  He  brought 
forward  Judge  Blackstone,  and  read  much  out  of  him.  Patter 
son  rose  in  reply,  and  followed  him  through  these  thorny 
paths,  as  I  thought,  with  good  success.  He  showed,  justly 
enough,  that  Blackstone  cut  both  ways,  and  nothing  could  be 
inferred  from  him  but  his  ridiculing  the  diversity  of  practice 
between  chancery  practice  and  that  of  common  law.  Elsworth 
heard  him  with  apparent  composure.  He  rose  with  an  air  of 
triumph  on  Patterson's  sitting  down.  "  Now,"  said  he,  "  every 
thing  is  said  that  can  possibly  be  said  to  support  this  motion. 
The  very  most  is  made  of  it  that  ingenuity  can  perform  "  ;  and 
he  entered  again  the  thorny  thicket  of  law  forms,  and  seemed 
to  batter  down  all  his  antagonist  had  said  by  referring  all  that 
was  advanced  to  the  forms  of  law,  with  which  everything  had 


JUNE30J  TYRANNY  OVER  THE   MIND.  93 

been  shackled  under  the  British  Government.  He  really  dis 
played  ingenuity  in  his  defense.  He  made  repeated  use  of  the 
term  "  shackled,"  and  how  we  were  now  free,  and  he  hoped 
we  would  continue  so. 

I  determined  to  have  a  word  or  two  at  the  subject.  Said  I 
was  happy  to  hear  that  the  world  was  unshackled  from  the 
customs  of  ancient  tyranny ;  that  there  was  a  time  when  evi 
dence  in  criminal  cases  was  extorted  from  the  carcass  of  the 
wretched  culprit  by  torture.  Happily  we  were  unshackled 
from  this,  but  here  was  an  attempt  to  exercise  a  tyranny  of 
the  same  kind  over  the  mind.  The  conscience  wras  to  be  put 
on  the  rack  ;  that  forcing  oaths  or  evidence  from  men,  I  con 
sidered  as  equally  tyrannical  as  extorting  evidence  by  torture ; 
and  of  consequence  had  only  the  difference  between  excusable 
lies  and  willful  perjury.  I  hoped  never  to  see  shackles  of  this 
kind  imposed.  Chancery  had  been  quoted  ;  common  law  had 
been  quoted  as  practiced  in  England,  but  neither  would  apply 
to  the  present  case.  The  party  was  to  answer  in  chancery,  but 
it  was  to  the  judge,  and  his  questions  were  in  writing ;  but 
here,  by  the  clause,  he  must  be  examined  in  the  open  court 
before  the  bench  and  jury  and  cross-examined  and  tortured  by 
all  the  address  and  malice  of  the  bar.  I  had  further  to  add 
that,  by  the  Bill  of  Eights  of  the  State  that  I  had  the  honor  to 
represent,  no  person  could  be  compelled  to  give  evidence  against 
himself  ;  that  I  knew  this  clause  would  give  offense  to  my 
constituents. 

Elsworth  rose  and  admitted  that  three  new  points  had  been 
started.  He  aimed  a  reply,  but  I  thought  he  missed  the  mark 
in  every  one.  The  rage  of  speaking  now  seemed  to  catch  the 
House.  Bassett  was  up ;  Read  and  Strong  [were]  at  it.  We 
sat  till  half  after  three  ;  and  an  adjournment  was  called  before 
the  question  was  put.  Elsworth  moved  an  amendment  that 
the  plaintiff,  too,  should  swear  at  the  request  of  the  defendant, 
just  before  the  House  adjourned. 

June  30th. — I  am  still  miserably  lame  with  the  rheuma 
tism.  Attended  at  the  Hall  at  the  usual  time.  The  clause 
with  Elsworth's  amendment  was  taken  up.  I  rose  first.  Said 
that,  instead  of  the  clause  being  amended,  I  thought  it  much 
worse  ;  that  it  was  alleged  with  justice  against  the  clause,  as 


94:  ANCIENT  TRIAL  BY  BATTLE.  [1789 

it  stood  before,  that  great  opportunities  and  temptations  to 
perjury  were  held  out,  but  this  was  setting  the  door  fairly 
open.  The  contest  now  would  be,  who  would  swear  most 
home  to  the  point.  If  I  was  against  it  before,  I  was  much 
more  so  now.  Mr.  Lee  rose,  and  seemed  to  mistake  the  mat 
ter.  I  rose  and  endeavored  to  do  the  business  justice. 

Up  rose  Elsworth  and  threw  the  common  law  back  all  the 
way  to  the  wager  of  law,  which  he  asserted  was  still  in  force. 
Strong  rose  and  took  the  other  side  in  a  long  harangue.  lie 
went  back  to  the  ancient  trial  by  battle,  which,  he  said,  was  yet 
unrepealed,  but  said  repeatedly  there  was  no  such  case  as  the 
present.  Elsworth's  temper  forsook  him.  He  contradicted 
Strong  with  rudeness ;  said  what  the  gentleman  asserted  was 
not  fact ;  that  defendants  were  admitted  as  witnesses ;  that 
all  might  be  witnesses  against  themselves.  Got  Blackstone ; 
but  nothing  could  be  inferred  from  Blackstone  but  such  a 
thing  by  consent.  Patterson  got  up,  and  back  he  went  to  the 
feudal  system.  He  pointedly  denied  Elsworth's  position.  Bas- 
sett  rose.  Read  rose,  and  we  had  to  listen  to  them  all.  The 
question  was,  however,  put  first  on  Elsworth's  amendment, 
and  was  lost ;  next  on  striking  out,  and  it  was  carried. 

The  Tonnage  bill  was  taken  up.  We  concurred  in  one 
clause,  but  adhered  in  the  next.  And  now  back  to  the  judi 
ciary.  Mr.  Lee  moved  that  the  postponed  clause  about  the 
ambassadors,  consuls,  etc.,  should  be  taken  up.  It  was  so.  I 
saw  Mr.  Adams  begin  to  fidget  with  a  kind  of  eagerness  or 
restlessness,  as  if  a  nettle  had  been  in  his  breeches.  He  could 
not  restrain  himself  long,  and  up  he  got  to  tell  us  all  about 
ambassadors,  other  Ministers,  and  consuls ;  and  what  he  did 
with  his  Majesty  here  and  his  Majesty  there  ;  and  how  he  got 
an  answer  in  this  case,  and  how  he  never  got  an  answer  in 
that ;  and  how  he  had,  with  Mr.  Jefferson,  appointed  Mr.  Bar 
clay  to  the  Emperor  of  Morocco  ;  and  how  the  Parliament  of 
Bordeaux  mistook  the  matter  and  dismisses  Mr.  Barclay  from 
an  arrest,  etc.  I  could  not  help  admiring  the  happiness  of  the 
man.  When  he  had  occasion  to  refer  to  something  said  by 
Elsworth,  he  called  him  "  the  right  honorable  gentleman." 

July  1. — Very  lame,  particularly  in  my  right  knee.  At 
tended  at  the  Hall  at  the  usual  time.  The  clause  was  taken 


JULY  1]  ENORMOUS  EXPENSE  OF  ENGLISH  JUDICIARY.          95 

up  of  the  Judiciary  bill  "  that  suits  in  equity  shall  not  be  sus 
tained  in  either  of  the  courts  of  the  United  States  in  any  case 
where  a  remedy  may  be  had  at  law."  Dr.  Johnson  rose  first 
against  the  clause.  Elsworth  answered  him,  and  the  follow 
ing  gentlemen  all  in  turn :  Lee,  Read,  Bassett,  Patterson,  and 
Grayson.  Strong  spoke  in  favor  of  the  clause.  The  lawyers 
were  in  a  rage  for  speaking.  Many  things  were  said  in  favor 
of  chancery  that  I  knew  to  be  wrong.  Never  was  there  a  Held 
more  beaten,  from  the  first  Chancellor  down.  The  lawyers 
seemed  all  prepared  to  show  their  extensive  reading. 

It  was  near  three,  and  I  determined  to  say  something.  A 
case  was  often  put  of  a  man  covenanting  to  convey  land  and 
dying  before  performance  ;  that  there  was  no  relief  without 
chancery.  I,  however,  rose,  said  much  information  had  been 
given  on  this  important  subject,  but  I  wished  for  a  great  deal 
more.  For  instance,  I  desired  to  know  the  number  of  attor 
neys  and  persons  employed  in  the  law  department  in  England, 
and  the  millions  (for  it  was  said  to  amount  to  several  annually) 
extorted  by  the  law  department  from  that  nation ;  particularly 
whether  the  sum  so  extracted  did  not  exceed  the  aggregate  of 
the  sums  in  dispute  before  the  courts.  Whether  any  nation 
in  the  world,  besides  the  English,  would  pay  their  taxes  and 
support  any  such  expensive  judiciary ;  that  these  points  being 
settled  would  afford  matter  of  important  advice  to  us,  whether 
it  was  prudent  to  imitate  the  famous  English  jurisprudence  in 
all  its  parts ;  that  the  advantages  of  chancery  were  to  my  cer 
tain  knowledge  overstated ;  that  the  famous  case  of  the  bond 
performance  gave  little  trouble  in  Pennsylvania;  that  the  per 
son  having  paid  his  bond,  brought  his  suit,  and  the  parties  gen 
erally  consented  to  a  judgment  and  the  sale  of  the  lands,  and 
the  sheriff  made  title ;  that  I  thought  the  clause  a  good  one, 
and  wished  it  to  be  more  effectual  to  prevent  the  flow  of  causes 
into  that  tedious  court. 

Up  rose  George  Read  in  angry  mood.  Said  he  had  a  cause 
of  that  kind  in  Pennsylvania  ;  that  he  had  consulted  the  ablest 
men  there  and  received  for  answer  [that]  there  was  no  remedy 
in  Pennsylvania,  and  asserted  that  the  people  of  Pennsylvania 
wished  for  chancery,  and  many  of  them  lamented  the  want 
of  it. 


96  BRITISH  INFLUENCE  IN  CONGRESS.  [1789 

I  got  up ;  declared,  as  far  as  I  knew  the  sentiments  of  the 
people  of  Pennsylvania,  they  disliked  a  chancery,  but  that 
many  of  them  knew  not  even  the  name.  I  never  heard  any 
people  speak  in  favor  of  it,  but  some  gentlemen  of  the  bar,  and 
even  among  them  some  doubted  whether  it  would  do  most 
harm  or  good ;  that  in  the  general  it  was  considered  by  those 
who  knew  anything  of  the  matter,  as  the  field  where  the  gen 
tlemen  of  the  bar  would  reap  the  fullest  harvest,  and  it  was 
considered  that  they  enjoyed  a  plentiful  crop  as  matters  stood 
now.  I  stated  the  affair  of  the  bond  over  again  so  plainly  that 
Read  called  out,  "  In  case  of  consent,  I  grant  it."  I  had  only 
to  add,  in  case  they  do  not  consent,  twelve  honest  jurors  are 
good  chancellors,  if  not  to  give  the  land,  at  least  to  give  the 
value  of  it.  The  clause  stood  on  the  question.  The  gentlemen 
of  the  bar  in  the  House  seem  to  have  made  common  cause  of  it, 
to  push  the  power  of  chancery  as  far  as  possible.  Mr.  Morris 
seemed  almost  disposed  to  join  them.  As  we  rose  he  said,  "  If 
I  had  spoken,  I  believe  I  should  have  differed  with  you  about 
chancery."  I  know  not  what  put  it  there,  but  it  was  in  my 
head  in  a  moment  that  he  has  two  sons  studying  for  the  law. 

This  day  the  discrimination  between  the  ships  of  nations  in 
treaty  and  those  not,  on  the  Tonnage  bill,  was  rejected  in  the 
House  of  Representatives  also,  and,  of  course,  the  Tonnage  bill 
now  passes.  When  this  doctrine  was  first  broached  in  the 
House  of  Representatives,  of  no  discrimination,  it  was  called 
"  Toryism,"  and  there  were  but  eight  votes  for  it  011  a  divis 
ion.  But  mark  the  influence  of  the  city  of  New  York,  or  let 
me  call  it  British  influence.  To  work  they  set  in  the  Senate, 
and,  before  the  Impost  bill  got  up,  they  had  secured  a  majority 
to  reject  the  discrimination.  But  some  pretext  was  necessary 
even  in  the  Senate.  The  discriminations  in  the  Impost  and 
Tonnage  bills  were  said  to  be  arrant  trifles ;  no  compensation 
for  the  injuries  our  trade  received  ;  that  a  deeper  mode  of 
retaliation  should  be  entered  on — such  as  would  effectually 
cure  all  disadvantages  and  carry  the  remedy  to  every  particular 
disease  and  retaliate  on  every  nation,  exactly  in  kind;  and 
where  a  disadvantage  was  imposed  a  corresponding  one  should 
be  imposed  by  us,  and  not  chastise  all  nations  out  of  treaty 
with  the  same  punishment.  As  to  gratitude  or  national  friend- 


JULY2J  LAWYERS  AND  THE  JUDICIARY.  97 

ship,  they  were  held  not  to  exist,  and  all  that  was  to  be  done 
with  nations  in  treaty  was  to  observe  the  terms  of  those  trea 
ties.  A  committee,  therefore,  of  Mr.  Morris,  Mr.  Langdon 
[names  left  blank],  was  appointed  to  examine  the  state  of  our 
commerce,  and  to  bring  in  a  bill  for  the  protection  of  our 
commerce.  But  the  discriminations  are  now  struck  out  of 
both  bills,  and  I  do  not  expect  to  hear  anything  more  about 
the  protecting  of  our  commerce  unless  it  should  be  taken  up  in 
the  House  of  Representatives. 

Madison,  too,  is  charged  with  having  labored  [for]  the 
whole  business  of  discrimination  in  order  to  pay  court  to  the 
French  nation  through  Mr.  Jefferson,  our  Minister  to  Paris.  I 
feel  much  readier  to  believe  him  guilty  of  another  charge — 
viz.,  his  urging  the  doctrine  of  taking  away  the  right  of  re 
movals  of  officers  from  the  Senate  in  order  to  pay  his  court  to 
the  President,  whom,  I  am  told,  he  already  affects  to  govern. 
Time  will,  however,  throw  light  on  both  these  subjects.  Mem. 
It  has  done  so  in  a  remarkable  manner  in  one  of  them.  Vide 
14th  February,  1791. 

July  2f7. — Went  this  day  to  the  Hall  at  the  usual  time. 
The  bill  for  the  judiciary  was  taken  up.  I  really  dislike  the 
whole  of  this  bill,  but  I  endeavored  to  mend  it  in  several 
places  and  make  it  as  perfect  as  possible,  if  it  is  to  be  the  law 
of  the  land.  But  it  was  fabricated  by  a  knot  of  lawyers,  who 
joined  hue  and  cry  to  run  down  any  person  who  will  venture 
to  say  one  word  about  it.  This  I  have  repeatedly  experienced, 
and  when  I  am  certain  (for  a  man  may  sometimes  be  certain 
of  being  right)  of  having  made  obvious  and  proper  amend 
ments,  I  have  been  pushed  at  from  both  right  and  left  by 
them,  and  not  a  man  to  second  me.  Be  it  so,  however ;  this  is 
no  reason  that  I  should  be  silent.  I  ran  Elsworth  hard  on  the 
uselessness  of  part  of  this  bill  to-day,  and  thought  I  had  the 
advantage  in  some  of  the  answers  I  gave.  But  it  was  of  little 
avail.  Grayson,  though  a  lawyer,  told  me  yesterday  that  it 
was  in  vain  to  attempt  anything.  The  people  who  were  not 
lawyers,  on  a  supposition  that  lawyers  knew  best,  would  follow 
the  lawyers,  and  a  party  were  determined  to  push  it.  I  needed 
no  information  from  him  on  this  head. 

We,  however,  came  to  a  clause,  the  import  of  which  was 
7 


98  BONDS,  COVENANTS,  ETC.  [1789 

that  on  bonds,  articles  of  agreement,  covenants,  etc.,  the  jury 
should  find  the  breach  and  the  judges  assess  the  damages.  I 
attacked  this  mixed,  half-common  law,  half-chancery  proceed 
ing  ;  accused  the  bill  of  inconsistency ;  that  a  clause  had  aleady 
been  adopted  which  excluded  chancery  where  common  law 
would  afford  a  remedy.  Here  we  had  a  jury  and  common  law 
acting  with  the  cause,  and  we  flew  from  it  to  chancery  powers. 
This  was  inconsistency.  The  jury  were  the  proper  chancellors 
in  such  a  case  to  assess  the  damages ;  and  I  liked  them  much 
better  than  the  judges.  They  were  from  the  vicinity,  and  best 
acquainted  with  the  parties  and  their  circumstances.  When 
the  judgment  was  by  default  or  entered  up,  a  jury  of  inquiry  of 
damages  should  ascertain  the  sum. 

Strong  made  a  long  speech  how  this  could  not  be  done  on 
the  principles  of  common  law  and  chanceiy  principles,  and 
seemed  willing  to  show  his  accurate  reading  on  these  points, 
and  concluded  by  saying  either  he  or  the  gentleman  last  up 
did  not  understand  the  principles  of  these  courts,  for  the  gen 
tleman  was  for  doing  what  he  thought  could  not  be  done.  I 
rose  quick  to  reply.  Said  the  clause  was  before  us — the  clause 
was  in  our  power — what  I  wanted  done  was  clearly  expressed 
[in  the  clause].  I  hoped  we  were  not  always  to  be  trammeled 
with  the  fetters  of  English  jurisprudence  ;  that  we  would 
show  [that]  we  had  judgment  and  would  act  for  ourselves,  in 
dependent  of  any  forms,  and  concluded  with  a  question  whether 
we  were  always  to  be  considered  as  empty  bottles,  that  could 
contain  nothing  but  what  was  poured  into  them.  Several  gen 
tlemen  now  rose  and  agreed  with  me  in  objecting  to  the  clause. 
But  there  seemed  some  difficulty  in  amending,  and  it  was  post 
poned  for  amendment. 

July  3d. — This  [day]  was  warm  ;  quite  as  much  so,  I 
thought,  as  any  day  I  remember  in  Pennsylvania.  Attended 
at  the  Hall.  Business  went  on  at  the  usual  time.  It  was  the 
judiciary  which  we  were  upon.  Light  and  very  trifling  de 
bates  in  general.  Mr.  Read  got  up  and  kept  "  hammering  " 
for  a  long  time  (as  Mr.  Morris  termed  it),  and  really  it  was 
difficult  to  say  what  he  would  be  at. 

I  did  not  embark  in  any  debate  until  we  came  to  the  clause 
empowering  the  judges,  either  on  their  own  knowledge  or 


JULYS]  ENGLISH  JURISPRUDENCE   DEFECTIVE.  99 

complaint  of  others,  to  apprehend,  bail,  commit,  etc.  I  alleged 
that  the  judges  would  be  men  of  like  passions  and  resentments 
as  other  men  ;  that  they  should  not  be  both  witnesses  and 
judges,  accusers  and  all ;  that  the  complaint  also  should  be  on 
oath.  I  moved,  therefore,  to  strike  out  those  words  and  insert 
"upon  oath  or  affirmation  made  and  reduced  to  writing  and 
signed  by  the  party,  stating  sufficient  reason  in  law."  Lee,  of 
Virginia,  seconded  me  this  time.  But,  according  to  custom,  I 
had  Elsworth  and  the  gentlemen  of  the  bar  up  against  it.  It 
was  insisted  that  this  was  agreeable  to  the  laws  of  England ; 
that  the  oath  of  the  judge  would  bind  him  to  all  this ;  that  a 
judge  had  a  right  to  use  his  private  judgment,  just  as  a  jury 
man  had  a  right  to  act  on  his  private  knowledge.  Elsworth, 
Strong,  Bassett,  Grayson,  and  others,  all  up,  and  volumes  did 
they  pour  out. 

I  could  not  get  speaking  for  a  long  time.  I,  however, 
made  a  short  reply ;  said  we  were  now  framing  the  law  which 
would  be  the  rule  of  conduct  for  the  judges  ;  that  practice, 
such  as  the  gentlemen  insisted  on,  had  been  used  by  judges ; 
and,  from  experience,  we  had  learned  the  danger  of  it.  Cases 
were  known  where  the  resentment  of  a  judge  was  the  accusing 
spirit  and  prejudice  pronounced  judgment.  Every  part  of 
English  jurisprudence  was  not  unexceptional,  nor  would  I 
blindly  follow  them  in  everything  ;  that  the  case  adduced  of 
a  juryman  using  private  knowledge  would  not  apply.  A  jury 
man,  legally  speaking,  had  no  private  knowledge,  or  at  least 
none  that  he  ought  to  keep  private.  If  he  knew  anything 
pertinent  to  the  issue,  he  ought  to  disclose  it  upon  oath  to  his 
fellows  in  court ;  and  this  was  the  law  in  daily  practice  upon 
it.  If  a  judge  happened  to  be  the  only  person  having  knowl 
edge  of  the  commission  of  a  crime,  let  him  apply  to  some  other 
justice.  This  I  had  known  done.  The  case  of  a  forcible  entry 
did  not  apply  to  common  practice,  and  yet  in  this  case  the 
justices  would  generally  bind  over  witnesses  to  prosecute.  I 
hinted  at  some  other  points  of  the  clause  as  imperfect,  and  said 
much  more  before  I  sat  down,  particularly  as  to  the  dangerous 
ground  on  which  we  trod,  considering  the  interference,  or  the 
very  probable  interference,  of  the  Federal  and  State  Legisla 
tures,  arid  the  giving  more  power  over  the  liberty  of  the  citizen 


100  THE  GLORIOUS  FOURTH.  [1789 

to  the  former  than  was  usually  practiced  by  the  latter  would 
not  fail  to  sow  the  seeds  of  dissension. 

I  had  showed  this  clause  to  Mr.  Morris  before  I  moved  for 
the  alteration.  He  approved  of  it,  but  he  went  out  and  stayed 
away  until  all  was  over.  He  asked  when  he  came  in  if  his 
presence  wrould  have  altered  the  vote.  I  told  him  I  supposed 
not ;  we  had  lost  it.  I  know  nothing  of  the  reason  of  his  ab 
sence.  Charity  and  good  humor  will  say  it  was  accidental. 
He  has  been — at  least  I  thought  so — rather  distant  with  me. 
He  has  showed  me  none  of  the  communications  which  he  has 
received  respecting  the  judiciary.  This  has  not  been  my  con 
duct  with  regard  to  him,  and  I  know  he  has  showed  our  At 
torney-General's  remarks  to  Lee,  Carrol,,  and  Els  worth.  I 
likewise  know  he  has  remarks  from  Judge  Hopkinson.  Noth 
ing  shall  be  wanting  on  my  part  to  act  in  harmony  with  him. 
I  -whispered  him  at  a  leisure  time,  "  We  should  have  a  meet 
ing  arid  compare  all  the  remarks  we  have  received,  and  make 
up  our  minds  as  to  the  amendments  which  we  will  move." 
I  paused;  he  did  not  reply;  continued:  "I  am  quite  disen 
gaged  ;  I  will  call  on  you  at  any  time  when  it  is  convenient." 
[He]  replied :  "  It  must  be  here.  I  have  all  my  papers  here." 
"Agreed,  I  will  meet  you  at  any  time."  Nothing  more  [said]. 

Settled  with  my  landlord ;  he  owes  me  fifteen  shillings  and 
eightpence.  Mr.  Morris  had  a  set  of  remarks  from  Wilson 
and  a  set  drawn  up  by  Wallace  which  I  never  saw. 

July  Jfih. — This  is  the  anniversary  of  American  Independ 
ence.  The  day  was  celebrated  with  much  pomp.  The  Cin 
cinnati  assembled  at  Saint  Paul's  Church,  where  an  oration  was 
pronounced  by  Colonel  Hamilton  in  honor  of  General  Greene. 
'The  church  was  crowded.  The  Cincinnati  had  seats  allotted 
for  themselves;  wore  their  eagles  at  their  button-holes,  and 
were  preceded  by  a  flag.  The  oration  was  well  delivered ;  the 
composition  appeared  good,  but  I  thought  he  should  have  given 
us  some  account  of  his  virtues  as  a  citizen  as  well  as  a  warrior, 
for  I  supposed  he  possessed  them,  and  he  lived  some  time  after 
tlie  war,  and,  I  believe,  commenced  farming. 

Excepting  my  attendance  at  Saint  Paul's  Church,  I  kept 
[the]  house  all  day,  as  I  find  going  out  only  hurts  my  knees, 
both  of  which  are  still  affected  by  the  rheumatism. 


JULY  7]      THIRD  READING  OF  THE  JUDICIARY  BILL.  1Q1 

July  5th,  Sunday. — Was  a  rainy  day ;  stayed  at  home  all 
day,  my  thoughts  chiefly  employed  about  my  family.  How 
much  of  the  sweets  of  life  do  I  lose  in  being  separated  from 
them  !  After,  however,  having  stayed  so  long,  I  had  better 
give  my  attention  a  week  or  two  longer. 

July  6th,  Monday. — Came  early  to  the  Hall  in  order  to 
send  my  letters  to  the  post-office.  Dr.  Johnson  and  some 
other  members  came  in ;  familiar  chat  to  the  time  of  the  meet 
ing  of  the  Senate.  The  judiciary  wTas  taken  up  and  the  residue 
of  it  passed  without  any  interesting  debate.  Our  Vice-Presi- 
dent  called  for  the  sense  of  the  House  when  it  should  be  read 
the  third  time.  The  members  showed  plainly  that  they  con 
sidered  it  as  not  having  been  touched  in  Senate  on  second  read 
ing  ;  all  that  had  passed  having  only  been  in  committee.  The 
Vice-President  insisted  that  the  bill  had  been  twice  read.  So 
it  certainly  had,  but  the  second  reading  was  in  a  committee  of 
the  whole  Senate.  He  said  former  bills  had  been  treated  just 
as  he  wanted  this  one  treated.  We  knew,  or  at  least  I  knew, 
that  this  was  not  the  case.  He  showed  a  peevish  obstinacy,  as 
I  thought.  He  does  not  like  the  doctrine  of  a  committee  of 
the  Senate ;  nor  has  he  ever  submitted  to  it,  for  he  ought  to 
leave  the  chair.  To-morrow,  however,  was  assigned  for  the 
third  reading,  with  a  kind  of  saving  privilege  to  make  amend 
ments. 

Mr.  Morris  came  in  a  little  before  we  broke  up.  He  put 
into  my  hands  the  letter  and  remarks  of  our  Chief-Justice  on 
the  judiciary,  directed  to  us  jointly.  But  the  Attorney-Gen 
eral's  remarks  and  Judge  Hopkinson's  I  have  not  yet  had  the 
opportunity  of  perusing.  Thursday  [is]  assigned  for  the  bill 
for  Foreign  Affairs,  Friday  for  the  Department  of  War,  and 
Monday  next  for  the  Treasury  Department. 

July  7th.— Attended  the  Hall  at  the  usual  time.  The 
judiciary  was  taken  up  for  a  third  reading.  I  can  scarcely  ac 
count  for  my  dislike  for  this  bill,  but  I  really  fear  it  will  be 
the  gunpowder-plot  of  the  Constitution.  So  confused  and  so 
obscure,  it  will  not  fail  to  give  a  general  alarm.  Els  worth  has 
led  in  this  business,  backed  with  Strong,  Patterson,  Read  often, 
Bassett  seldom.  We  came  to  the  clause  which  allowed  the 
District  Judges  to  sit  on  the  hearing  of  appeals  from  them- 


102    PENNSYLVANIANS  APPROVE  OF  THE  JUDICIARY.    [1789 

selves.  I  did  not  rise  to  oppose  this.  Gray  son,  however,  got 
hold  of  it,  and  hammered  hard  at  it.  Bassett  rose,  and  took 
partly  the  same  side.  Now  I  thought  the  matter  in  a  hopeful 
way.  Elsworth  immediately  drew  an  amendment,  as  lie  said, 
to  cure  their  objections,  though  it  was  nothing  like  the  matter. 
I  drew  a  clause  nearly  in  these  words :  "  Provided  that  no 
District  Judge  shall  sit  on  the  rehearing  of  any  case  formerly 
adjudged  by  him."  We  got  Elsworth's  motion  postponed  to 
put  a  question  on  it.  It  was  agreed  that  the  sense  of  the  House 
should  be  taken  on  this.  We  carried  it,  and  I  rose  and  said, 
since  the  sense  of  the  House  was  declared  on  this  subject,  I 
wished  some  of  the  gentlemen  of  the  bar  to  frame  a  clause  in 
the  spirit  of  the  determination  ;  that  the  effect  of  the  determi 
nation  would  reach  further  than  the  present  clause,  for  it  would 
prevent  the  Circuit  Judge  from  sitting  in  the  Supreme  Court 
on  an  appeal  where  he  had  given  original  judgment.  This  was 
agreed  to,  so  we  killed  two  birds  with  one  stone.  The  most 
trifling  word-catching  employed  us  till  after  three  o'clock. 

I  can  not  help  observing,  under  this  day's  head,  that  Mr. 
Phils,  the  late  Naval  Officer  of  Philadelphia,  brought  this  morn 
ing  most  ample  extracts  of  the  trade  of  that  port  for  the  last 
year.  He  said  there  were  copies  sent  him  for  his  own  use,  but 
that  at  an  early  period  he  made  out  a  set  and  delivered  them 
to  the  President  of  the  State  to  be  forwarded  to  Congress,  and 
he  said  they  were  actually  forwarded.  I  could  only  say  I  never 
saw  them,  although  I  used  all  diligence  to  possess  myself  of 
every  paper  that  could  give  me  the  smallest  information. 

Received  letters  this  day  from  Harrisburg,  and  from  Balti 
more  all  well. 

July  8th. — Attended  the  Hall  this  day  as  usual.  The  judi 
ciary  was  taken  up.  Elsworth  by  far  more  accommodating 
this  day  than  I  ever  knew  him.  We  sat  the  usual  time,  but 
the  debate  was  very  trifling,  indeed,  and  not  one  worth  com 
mitting  to  paper.  The  Chief-Justice  of  Pennsylvania,  Mr. 
Wilson,  Myers  Fisher,  the  Speaker,  Mr.  Peters,  Tench  Coxe, 
and  sundry  others  have  in  their  letters  approved  of  the  general 
outlines  of  the  bill.  Any  amendments  which  they  have  offered 
have  been  of  a  lesser  nature.  I  own  [that]  the  appropriation 
of  so  many  men  of  character  for  abilities  has  lessened  my  dis- 


JULY  9]  THE  GREAT  DEPARTMENTS.  103 

like  of  it,  yet  I  can  not  think  of  the  expense  attending  it,  which 
I  now  consider  as  useless,  without  a  kind  of  sickly  qualm  over 
shadowing  me.  Bradford's  and  Judge  Ilopkinson's  remarks 
I  have  not  yet  seen,  nor  need  I  now  care  for  them,  as  we  will 
probably  finish  it  to-morrow.  Would  that  I  had  finished  busi 
ness  so  far  as  to  be  able  to  return  home  to-morrow !  I  find, 
however,  I  must  stay  yet  a  little  longer.  This  is  painful,  but, 
all  things  considered,  I  can  not  help  it. 

Warm  plaster  for  obstinate,  fixed  rheumatic  pains,  made  by 
melting  over  a  pan  an  ounce  of  gum  plaster  and  two  drachms 
of  blistering  plaster,  spread  on  soft  leather  and  applied  to  the 
part  affected;  taken  off  and  wiped  once  in  three  or  four  days, 
and  renewed  once  a  fortnight. 

July  9th. — Still  much  afflicted  with  rheumatism.  Attended 
this  day  the  usual  time  at  the  Hall.  A  great  part  of  this  day 
was  taken  up  with  light  debates,  chiefly  conducted  by  the  law 
yers  on  both  sides,  and  the  object  seemed  to  be  the  increasing 
the  powers  of  chancery.  Mr.  Read,  a  man  of  obstructed  elo 
cutions,  was  excessively  tedious.  Elsworth  has  credit  with  me. 
I  know  not,  however,  whether  it  be  the  effect  of  judgment, 
whim,  01  caprice,  but  he  is  generally  for  limiting  the  chancery 
powers.  Mr.  Morris  and  myself  differed  in  every  vote  this 
day.  We  always  have  differed  on  the  subject  of  chancery. 

This  day  I  got  copies  of  the  three  bills  for  the  great  depart 
ments.  Besides  being  calculated  on  a  scale  of  great  expense, 
two  grand  objections  offer  themselves  on  these  bills — the  less 
ening  of  the  power  of  the  Senate,  taking  away  from  them  any 
vote  in  the  removal  of  officers,  and  the  power  of  advising  and 
consenting  in  one  case  of  the  first  consequence ;  and  the  other 
the  placing  the  President  above  business  and  beyond  the  power 
of  responsibility,  putting  into  the  hands  of  his  officers  the 
duties  required  of  him  by  the  Constitution.  Indeed,  these  ap 
pear  to  me  to  have  been  the  moving  reasons  for  bringing  for 
ward  the  bill  at  all.  ]N~or  do  I  see  the  necessity  of  having 
made  this  business  a  subject  of  legislation.  The  point  of  view 
in  which  it  has  presented  itself  to  me  was  that  the  President 
should  signify  to  the  Senate  his  desire  of  appointing  a  Minister 
of  Foreign  Affairs,  and  nominate  the  man.  And  so  of  the 
other  necessary  departments.  If  the  Senate  agreed  to  the  ne- 


104:  OBJECTION  TO  THE  JUDICIARY  SYSTEM.  [1789 

cessity  of  the  office  and  the  men,  they  would  concur ;  if  not, 
they  would  negative,  etc.  The  House  would  get  the  business 
before  them  when  salaries  came  to  be  appointed,  and  could 
thus  give  their  opinion  by  providing  for  the  officers  or  not.  I 
see  this  mode  might  be  abused.  But  for  the  House  of  Repre 
sentatives,  by  a  side-wind,  to  exalt  the  President  above  the 
Constitution,  and  depress  the  Senate  below  it,  is — but  I  will 
leave  it  without  name.  They  know  the  veneration  entertained 
for  General  Washington,  and  believe  the  people  will  be  ready 
to  join  in  the  cry  against  the  Senate,  in  his  favor,  when  they 
endeavor  to  make  him  a  party.  They  think  they  have  fast 
hold  of  us,  and  that  we  dare  not  refuse  our  assent  to  these  bills, 
and  so  several  of  them  have  not  failed  to  declare. 

July  10,  1789. — This  day  the  lawyers  showed  plainly  the 
cloven  foot  of  their  intentions  in  the  House  [Senate].  Read, 
Bassett,  Patterson,  Johnson,  Grayson,  and  others,  had  got  a 
hasty  kind  of  amendment  passed  late  yesterday.  The  amount 
of  it  was  that  in  the  Circuit  Courts,  under  the  name  of  equity 
they  should  have  all  the  depositions  copied  and  sent  up  on  an 
appeal  to  the  Supreme  Court,  as  evidence  on  the  rehearing  of 
facts,  or  words  to  that  import.  I  had  some  conversation  with 
Elsworth  in  the  morning  about  it,  and  offered  to  him  to  move 
for  a  reconsideration  of  the  matter.  He  wished  to  reserve  this 
business  for  himself,  however.  He  acccordingly  moved  the 
reconsideration  in  a  lengthy  speech,  and  was  seconded  by 
Strong.  At  it  now  they  went,  and  until  after  three  scarce  a 
word  could  be  got  in  edgewise,  for  the  lawryers.  Butler, 
though  lame,  bounced  up  twice.  I  wished  to  speak,  but  could 
not  get  leave.  The  Vice-President  got  up  in  his  chair,  I  rose 
and  told  him  I  wished  to  say  a  word  or  two  : 

"  Sir,  I  am  no  professed  admirer  of  the  judicial  system  be 
fore  you,  but  the  best  part  of  it  is  the  Circuit  Courts.  These, 
sir,  the  amendment  of  yesterday  wrill  render  abortive.  The 
seeds  of  appeal,  and  the  materials,  too,  provide  for  every  cause. 
The  system  of  delay  is  so  firmly  established,  and  the  certainty 
of  procrastination  such,  that  justice  can  never  be  obtained  in  it. 
Let  us  follow  the  scheme  a  moment :  The  dispositions  are 
taken  and  carried  up  six  hundred  or  seven  hundred  miles  to  a 
Federal  court.  But,  by  the  law,  they  can  not  be  used,  if  the 


JULY  12]  SIDE-WINDS.  105 

party  is  able  to  attend.  The  witness  is  subpoenaed,  but  does 
not  attend.  An  attachment  issues,  but  the  party  will  kill  the 
messenger,  run  to  the  woods,  fly  to  the  Indians,  rather  than 
attend.  Well,  but  the  court  can  issue  a  dedimus  potesta- 
tem,  and  commissioners  may  be  appointed;  and  in  three  or 
four  years  the  testimony  may  be  collected.  Well,  and  what 
now  ?  Is  the  fact  to  be  tried  by  chancery  powers  ?  I  am  bold 
to  say  that  no  issue  of  fact  was  ever  tried  or  found,  for  or 
against,  in  chancery.  Facts  often  were  carried  into  chancery, 
as  evidence,  but  if  they  were  doubted  of,  issue  was  joined  on 
them,  and  directed  to  be  tried  by  a  jury.  But  now  the  busi 
ness  unfolds  itself.  Now  we  see  what  gentlemen  would  be  at. 
It  is  to  try  facts  on  civil-law  principles,  without  the  aid  of  a 
jury,  and  this,  I  promise  you,  never  will  be  submitted  to." 
The  question  was  put,  and  we  carried  it.  But  the  House 
seemed  rather  to  break  up  in  a  storm. 

[Here  a  leaf  of  the  Maclay  journal,  under  the  date  of  Saturday,  July  10th, 
has  been  destroyed.  The  next  entry  is  made  under  date  of  July  11,  1789,  as 
follows :] 

"  Should  go  to  the  nearest  stack  of  wheat,  rye,  hay,  straw, 
or  such  like  material,  and  draw  out  two  stems,  one  in  the 
name  of  each  party,  and  the  longest  should  win  the  cause." 
He  showed  it  to  me.  I  gave  him  a  hearty  laugh  of  approba 
tion.  Not,  indeed,  that  I  admired  either  the  wit  or  novelty  of 
it ;  but  I  considered  it  as  the  index  of  a  sure  vote.  But  I  was 
mistaken.  He  voted  against  us,  and  the  clause  was  lost. 

I  could  see  an  air  of  triumph  in  the  visages  of  gentlemen 
of  the  bar.  Elsworth  excepted,  who  has  really  credit  with  me 
on  the  whole  of  this  business.  The  part  he  has  acted  in  it  I 
consider  as  candid  (bating  his  caballing  with  Johnson),  and 
disinterested.  Mr.  Lee,  of  Virginia,  was  for  the  clause,  and 
spoke  well.  As  we  came  down  the  stairs,  Dr.  Johnson  was 
by  my  side.  "  Doctor,"  said  I,  "  I  wish  you  would  leave  off 
using  these  side-winds,  and  boldly,  at  once,  bring  in  a  clause 
for  deciding  all  causes  on  civil-law  principles,  without  the  aid 
of  a  jury."  "  No,  no,"  said  he,  "  the  civil  law  is  a  name  I  am 
not  very  fond  of."  I  replied,  "  You  need  not  care  about  the 
name,  since  you  have  got  the  thing." 

July  12th,  Sunday. — I  was  ill  last  night.     My  swelled 


106  ON  CHARLES  THOMPSON.  [1789 

knee  gave  me  great  pain,  and  prevented  my  rest.  Pnt  on 
flannels,  and  stayed  at  home  all  day.  Had  no  book  but 
Buchan's  Family  Physician.  Read  a  good  deal  in  it.  What 
a  lazar-house  the  world  is  !  Surely  the  pleasures  of  life  are 
as  chaff,  in  the  balance  against  ponderous  lead,  compared 
with  the  ills  and  dolors  of  the  human  race.  Infinite  Wisdom 
surely  shows  us  but  a  small  part  of  her  works.  There  must  be 
a  balance  somewhere.  Or  shall  we  view  it  in  another  light — 
that  the  only  good  we  enjoy  is  the  effect  of  prudence  ?  Alas ! 
she  does  not  always  command  it.  It  is  vain,  however,  to  rend 
the  impenetrable  veil  that  conceals  the  mysterious  ways  of 
Providence.  My  dear  family,  I  wish  I  were  with  you. 

July  13th. — I  forgot  to  minute  yesterday  that,  late  in  the 
afternoon,  Charles  Thompson  visited  me.  We  had  much  chat 
of  the  political  kin<j.  He  showed  a  great  disposition  to  go  into 
the  field  of  the  President's  power.  He  was  clearly  of  opinion 
that  the  President  ought  to  remove  all  officers,  etc.  Indeed, 
he  said  so  much  on  this  subject  that  I  had  like  to  have  enter 
tained  a  suspicion  that  he  came  on  purpose  to  sound,  or  rather 
prepare,  me  on  the  subject.  I  agreed  to  sundry  of  his  obser 
vations,  at  the  same  time  dissented,  in  plain  but  not  pointed 
terms,  from  some  other  things.  Perhaps  this  is  the  best  way, 
on  the  whole,  for  an  independent  man  to  act.  Honesty,  on 
the  whole,  is  the  best  policy.  I  really  feel  for  Mr.  Thompson's 
situation.  A  man  wrho  has  been  the  graphic  faculty  of  the  old 
Congress,  the  hand  and  pen  of  that  body  from  their  first  or 
ganization,  and  who — I  feel  a  kind  of  certainty  of  the  fact — 
wishes  to  die  in  an  eminent  office,  would  not  suffer  his  friends 
to  continue  him  Secretary  of  the  Senate,  and  his  enemies  have 
taken  advantage  of  it  and  declared  him  out  of  office,  and  mean 
to  keep  him  so.  It  was  certainly  bad  policy  of  him  to  refuse 
the  offer  of  his  friends.  The  political  door  is  harder  to  be 
opened  than  any  other  if  once  it  is  thrown  in  a  man's  face. 

The  Senate  met,  and  Mr.  Bassett's  motion  with  respect  to 
the  effect  of  a  writ  of  error  as  a  supersedeas  to  an  execution 
was  taken  up.  Mr.  Read  spoke  long  in  support  of  the  motion. 
Mr.  Elsworth  equally  long  against  it.  I  rose  and  made  sundry 
remarks,  and  the  amendment  was  carried.  It  wras  not  a  mate 
rial  one  in  the  bill,  however.  While  the  minutes  were  reading, 


JULY  13]  ENGLISH  JURISPRUDENCE.  107 

I  stepped  to  Elsworth  and  asked  if  lie  would  not  join  me  in  an 
attempt  to  regain  the  clause  we  had  lost  on  Saturday.  He 
paused  a  little  and  said  he  would. 

Mr.  Elsworth  rose  and  spoke  long  on  the  subject  of  the 
necessity  of  a  discrimination  or  some  boundary-line  between 
the  courts  of  chancery  and  common  law.  He  concluded  with 
a  motion  nearly  in  the  words  of  the  clause  we  had  lost.  Mr. 
Lee  and  myself  both  rose  to  second  the  motion.  Mr.  Lee, 
however,  sat  down  and  left  me  up.  I  therefore  determined  to 
avail  myself  of  my  situation  and  say  something.  Declared  my 
concurrence  of  sentiment  for  limited  chancery  strictly.  As 
the  bill  stood,  chancery  was  open  to  receive  everything.  In 
England,  where  by  the  letter  of  the  law  no  suit  could  be 
brought  in  chancery  if  the  common  law  afforded  a  remedy,  yet 
such  was  the  nature  of  that  court,  and  so  advantageous  had  it 
been  found  to  the  practitioners,  that  it  had  encroached  greatly 
on  the  common  law.  Gentlemen  would  not  consider  this  as  an 
inconvenience.  So  high  were  their  ideas  of  English  jurispru 
dence  they  said  all  the  world  admired  it,  and  every  member  of 
this  House  must  admire  it.  (This  was  Dr.  Johnson's  language 
on  Saturday.)  I  was  ready  to  admire  it  too,  but  I  would  first 
endeavor  to  describe  it. 

It  [English  jurisprudence]  consisted  of  a  great  number  of 
grades  of  courts  rising  in  succession  over  each  other,  Common 
Pleas,  King's  Bench,  Exchequer,  Chancery,  etc.,  so  admirably 
organized  and  connected  that  the  one  was  generally  ready  to 
begin  where  the  other  ended,  and  so  formed  that  as  long  as  a 
client  had  money  he  might  purchase,  delay,  or,  in  other  Avords, 
get  law  for  it ;  that  in  England  at  this  time  it  was  rather  a 
trial  of  the  depth  of  purse  than  right,  and,  accordingly,  noth 
ing  was  more  common  than  for  a  man  who  was  going  to  law 
to  calculate  and  compare  his  pecuniary  resources  with  his  ad 
versary's.  The  cost,  however,  being  fairly  counted,  and  neither 
party  afraid,  at  it  the  angry  men  go.  As  they  are  eager,  and 
bleed  freely,  they  mount,  perhaps,  with  tolerable  rapidity,  until 
they  arrive  in  the  regions  of  chancery.  But  here  their  bills 
are  filed  and  all  their  facts  collected,  and  in  some  half-dozen 
years,  it  may  be,  a  judgment  is  given.  But  mark,  the  first 
judgment  is  seldom  or  never  final.  Here,  then,  a  number  of 


108  ENGLISH  JURISPRUDENCE  EXPENSIVE.  [1789 

facts  must  be  adjusted,  and  some  ten  or  twenty  issues  in  feigned 
wagers  must  be  tried  in  the  King's  Bench.  In  some  three  or 
four  years  a  new  cargo  of  facts  is  furnished.  The  examiner 
goes  to  work  and  spends  some  two  or  three  years.  The  Chan 
cellor,  too,  perhaps,  must  have  the  opinion  of  the  Judges  of 
the  King's  Bench.  Here  is  a  new  trial.  But  at  last  he  gives 
a  judgment.  But  two  of  the  counsel  sign  a  petition  for  a  re 
hearing,  and  the  whole  business  must  be  gone  over  again. 
But  is  the  business  done  ?  ~No  such  thing.  Another  petition 
comes  in  for  a  u  review,"  and  the  whole  business  must  be  gone 
over  a  third  time. 

Here  I  was  interrupted  by  the  Vice-President,  who  said 
there  was  an  instance  of  a  cause  being  finished  by  the  present 
Chancellor  in  his  lifetime.  I  answered  quick,  One  swallow 
does  not  make  a  summer,  Mr.  President,  and  went  on.  But 
are  they  done  yet  ?  ~No  such  thing.  The  House  of  Lords  is 
before  them,  and  by  the  time  they  get  out  of  the  far  end  of  it 
one  or  both  are  completely  ruined.  This  is  the  progress  of 
your  wealthy  parties,  where  plum  is  matched  to  plum.  But 
what  of  your  unequal  matches — your  poor  and  rich  parties  '( 
"Why,  sir,  if  the  relative  wealth  of  one  is  to  that  of  the  other 
as  four  to  one,  the  poor  man  will  get  about  one  fourth  part  of 
the  way.  If  as  two  to  one,  half-way  ;  if  as  three  to  four,  three 
fourths  of  the  way  before  the  exhausted  party  drops  off  into 
ruin.  (Here,  by  way  of  illustration,  I  repeated  the  Annesley 
cause.)  For  never  was  so  admirable  a  machine  contrived  by 
the  art  of  man  to  use  men's  passions  for  the  picking  of  their 
pockets  and  to  bring  their  justice  into  trade.  The  present  bill 
before  you  has  been  considered  as  enjoying  perfection  in  pro 
portion  as  it  approaches  the  British  system.  Sir,  I  have  given 
you  the  opinion  which  I  know  many  sensible  Americans  enter 
tain  of  the  system  of  English  jurisprudence.  With  such  peo 
ple,  English  features  will  be  no  recommendation  of  the  bill. 
Sir,  I  can  not  boast  a  general  knowledge  of  the  sentiments  of 
men  in  the  Union.  From  what  I  know  of  my  own  State,  I 
am  confident  a  great  majority  abhor  chancery.  Those  whom  I 
have  generally  heard  advocate  the  chancery  were  professional 
men.  I  really  believe  that  this  was  the  case  generally  over  the 
Union.  I  know  many  people  complained  of  chancery  in  the 


JULY  14]  "  THERE  SHALL  BE  AN  EXECUTIVE  DEPARTMENT."  1Q9 

Jerseys.  One  hundred  and  twenty-six  pounds  had  been  paid 
lately  for  taking  the  testimony  only  in  a  chancery  suit  in  that 
State.  Suits  had  been  pending  thirty  years  in  their  chancery, 
and  had  cost  thousands  ;  that  I  was  clearly  of  opinion  that 
everything  after  the  verdict  of  a  jury  was  a  mere  trap  to  catch 
fees,  and  might  be  styled  the  toils  of  the  law,  added  to  perplex 
the  truth.  The  bill,  however,  before  you,  as  it  now  stands,  is 
not  chancery.  It  is  something  much  worse.  The  line  between 
chancery  and  common  law  is  broken  down.  All  actions  may 
now  be  tried  in  the  Federal  courts  by  the  judges  without  the 
intervention  of  a  jury.  The  trial  by  jury  is  considered  as  the 
birthright  of  every  American.  It  is  a  privilege  they  are  fond 
of,  and,  let  me  add,  it  is  a  privilege  they  will  not  part  with. 

This  day  the  committee  for  considering  our  commercial  in 
juries  reported.  I  do  not  like  it.  The  end  is  answered,  per 
haps,  for  which  the  stir  was  made,  when  this  committee  was 
appointed,  and  now  the  business  ends  in  a  bubble.  I  will, 
however,  get  a  copy  of  the  report  before  I  pronounce  on  it. 

July  Hth. — The  Senate  met,  and  one  of  the  bills  for  or 
ganizing  one  of  the  public  departments — that  of  Foreign  Affairs 
—was  taken  up.  After  being  read,  I  begged  leave  of  the 
Chair  to  submit  some  general  observations,  which,  though  ap 
parently  diffuse,  I  considered  as  pertinent  to  the  bill  before  us, 
the  first  clause  of  which  was,  "  There  shall  be  an  Executive 
Department,"  etc.  There  are  a  number  of  such  bills,  and  may 
be  many  more,  tending  to  direct  the  most  minute  particle  of 
the  President's  conduct.  If  he  is  to  be  directed,  how  he  shall 
do  everything,  it  follows  he  must  do  nothing  without  direc 
tion.  To  what  purpose,  then,  is  the  executive  power  lodged 
with  the  President,  if  he  can  do  nothing  without  a  law  direct 
ing  the  mode,  manner,  and,  of  course,  the  thing  to  be  done  ? 
May  not  the  two  Houses  of  Congress,  on  this  principle,  pass 
a  law  depriving  him  of  all  powers  ?  You  may  say  it  will  not 
get  his  approbation.  But  two  thirds  of  both  Houses  will 
make  it  a  law  without  him,  and  the  Constitution  is  undone  at 
once. 

Gentlemen  may  say,  How  is  the  Government  then  to  pro 
ceed  on  these  points  ?  The  simplest  in  the  world.  The  Presi 
dent  communicates  to  the  Senate  that  he  finds  such  and  such 


REMOVAL  FROM   OFFICE.  [1789 

officers  necessary  in  the  execution  of  the  Government,  and 
nominates  the  man.  If  the  Senate  approve,  they  will  concur 
in  the  measure  ;  if  not,  refuse  their  consent,  etc.,  when  the 
appointments  are  made.  The  President,  in  like  manner,  com 
municates  to  the  House  of  Representatives  that  such  appoint 
ments  have  taken  place,  and  require  adequate  salaries.  Then 
the  House  of  Representatives  might  show  their  concurrence  or 
disapprobation,  by  providing  for  the  officer  or  not.  I  thought 
it  my  duty  to  mention  these  things,  though  I  had  not  the 
vanity  to  think  that  I  would  make  any  proselytes  in  this  stage 
of  the  business  ;  and,  perhaps,  the  best  apology  I  could  make 
was  not  to  detain  them  long.  I  likewise  said  that,  if  the  Sen 
ate  were  generally  of  my  mind,  a  conference  between  the 
Houses  should  take  place.  But  the  sense  of  the  House  would 
appear  on  taking  the  question  upon  the  first  clause.  The  first 
clause  was  carried. 

Now  came  the  second  clause.  It  was  for  the  appointment  of 
a  chief  clerk  by  the  Secretary,  who,  in  fact,  was  to  be  the  prin 
cipal,  "  whenever  the  said  principal  officer  sliall  l>e  removed 
from  office  by  the  President  of  the  United  States"  There  was 
a  blank  pause  at  the  j3nd  of  it.  I  was  not  in  haste,  but  rose 
first :  Mr.  President,  whoever  attends  strictly  to  the  Consti 
tution  of  the  United  States,  will  readily  observe  that  the  part 
assigned  to  the  Senate  was  an  important  one — no  less  than  that 
of  being  the  great  check,  the  regulator  and  corrector,  or,  if  I 
may  so  speak,  the  balance  of  this  Government.  In  their  legis 
lative  capacity  they  not  only  have  the  concoction  of  all  bills, 
orders,  votes,  or  resolutions,  but  may  originate  any  of  them, 
save  money  bills.  In  the  executive  branch  they  have  likewise 
power  to  check  and  regulate  the  proceedings  of  the  President. 
Thus  treaties,  the  highest  and  most  important  part  of  the 
Executive  Department,  must  have  a  concurrence  of  two  thirds 
of  them.  All  appointments  under  the  President  and  Yice- 
President,  must  be  by  their  advice  and  consent,  unless  they 
concur  in  passing  a  law  divesting  themselves  of  this  power. 
By  the  checks  which  are  intrusted  with  them  upon  both  the 
Executive  and  the  other  branch  of  the  Legislature,  the  stability 
of  the  Government  is  evidently  placed  in  their  hands. 

The  approbation   of    the   Senate  was  certainly  meant  to 


JULY  14]  REMOVAL  FROM  OFFICE.  HI 

guard  against  the  mistakes  of  the  President  in  his  appoint 
ments  to  office.  I  do  not  admit  the  doctrine  of  holding  com 
missions  '  during  pleasure '  as  constitutional,  and  shall  speak 
to  that  point  presently.  But,  supposing  for  a  moment,  that  to 
be  the  case,  is  not  the  same  guard  equally  necessary  to  prevent 
improper  steps  in  removals  as  in  appointments  ?  Certainly, 
common  inference  or  induction  can  mean  nothing  short  of 
this.  It  is  a  maxim  in  legislation  as  well  as  reason,  and  applies 
well  in  the  present  case,  that  it  requires  the  same  power  to  re 
peal  as  to  enact,  The  depriving  power  should  be  the  same  as 
the  appointing  power. 

But  was  this  a  point  left  at  large  by  the  Constitution  ?  Cer 
tainly  otherwise.  Five  or  six  times  in  our  short  Constitution 
is  the  trial  by  impeachment  mentioned.  In  one  place,  the 
House  of  Representatives  shall  have  the  sole  power  of  im 
peachment.  In  another,  the  Senate  shall  have  the  sole  power 
to  try  impeachments.  In  a  third,  judgment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to 
hold  or  enjoy  offices,  etc.  The  President  shall  not  pardon  in 
cases  of  impeachment.  The  President,  Yice-President,  and  all 
civil  officers  of  the  United  States,  shall  be  removed  from  office 
on  impeachment,  etc.  ~No  part  of  the  Constitution  is  so  fully 
guarded  as  or  more  clearly  expressed  than  this  part  of  it.  And 
most  justly,  too,  for  every  good  Government  guards  the  repu 
tation  of  her  citizens  as  well  as  their  life  and  property.  Every 
turning  out  of  office  is  attended  with  reproach,  and  the  person 
so  turned  out  is  stigmatized  with  infamy.  By  means  of  im 
peachment  a  fair  hearing  and  trial  are  secured  to  the  party. 
Without  this,  what  man  of  independent  spirit  would  accept  of 
such  an  office  ?  Of  what  service  can  his  abilities  be  to  the 
community  if  afraid  of  the  nod  or  beck  of  a  superior  ?  He 
must  consult  his  will  in  every  matter.  Abject  servility  is  most 
apt  to  mark  the  line  of  his  conduct,  and  this  on  the  one  hand 
will  not  fail  to  be  productive  of  despotism  and  tyranny  on  the 
other  ;  for  I  consider  mankind  composed  nearly  of  the  same 
materials  in  America  as  in  Asia,  in  the  United  States  as  in  the 
East  Indies.  The  Constitution  certainly  never  contemplated 
any  other  mode  of  removing  from  office.  The  case  is  not 
omitted  here  ;  the  most  ample  provision  is  made.  If  gentle- 


112  THE  PRESIDENT'S  PERSON  SACRED.  [1789 

men  do  not  like  it,  let  them  obtain  an  alteration  of  the  Consti 
tution  ;  but  this  can  not  be  done  by  law. 

If  the  virtues  of  the  present  Chief  Magistrate  are  brought 
forward  as  a  reason  for  vesting  him  with  extraordinary  pow 
ers,  no  nation  ever  trod  more  dangerous  ground.  His  vir 
tues  will  depart  with  him,  but  the  powers  which  you  give  him 
will  remain,  and  if  not  properly  guarded  will  be  abused  by 
future  Presidents  if  they  are  men.  This,  however,  is  not  the 
whole  of  the  objection  I  have  to  the  clause.  A  chief  clerk  is 
to  be  appointed,  and  this  without  any  advice  or  consent  of  the 
Senate.  This  chief  clerk,  on  the  removal  of  the  Secretary, 
will  become  the  principal  in  the  office,  and  so  may  remain 
during  the  presidency,  for  the  Senate  can  not  force  the  Presi 
dent  into  a  nomination  for  a  new  officer.  This  is  a  direct 
stroke  at  the  power  of  the  Senate.  Sir,  I  consider  the  clause 
as  exceptional  every  way,  and  therefore  move  you  to  strike  it 
out. 

Langdon  jumped  up  in  haste  ;  hoped  the  whole  would  not 
be  struck  out,  but  moved  that  the  clause  only  of  the  Presi 
dent's  removing  should  be  struck  out.  Up  rose  Elsworth,  and 
a  most  elaborate  speech  indeed  did  he  make,  but  it  was  all 
drawn  from  writers  on  the  distribution  of  government.  The 
President  was  the  executive  officer.  He  was  interfered  with 
in  the  appointment,  it  is  true,  but  not  in  the  removal.  The 
Constitution  had  taken  one,  but  not  the  other,  from  him. 
Therefore,  removal  remained  to  him  entire.  He  carefully 
avoided  the  subject  of  impeachment.  He  absolutely  used  the 
following  expressions  with  regard  to  the  President :  "It  is 
sacrilege  to  touch  a  hair  of  his  head,  and  we  may  as  well  lay 
the  President's  head  on  the  Hock  and  strike  it  off  with  one 
blow"  The  way  he  came  to  use  these  wrords  was  after  having 
asserted  that  removing  from  office  was  his  (the  President's) 
privilege,  we  might  as  well  do  this  as  to  deprive  him  of  it. 
He  [Elsworth]  had  sore  eyes,  and  had  a  green  silk  over  them. 
On  pronouncing  the  last  of  the  two  sentences,  he  paused,  put 
his  handkerchief  to  his  face,  and  either  shed  tears  or  affected 
to  do  so. 

When  he  sat  down  both  Butler  and  Izard  sprang  up.  But 
ler,  however,  continued  up.  He  began  with  a  declaration  that 


JULY  15]  THE  COLLECTION  BILL.  113 

he  came  into  the  House  in  the  most  perfect  state  of  indifference, 
and  rather  disposed  to  give  the  power  in  question  to  the  Presi 
dent.  But  the  arguments  of  the  honorable  gentleman  from  Con 
necticut  [Elswortli],  in  endeavoring  to  support  the  clause,  had 
convinced  him,  in  the  clearest  manner,  that  the  clause  was  highly 
improper,  and  he  would  vote  against  it.  Izard  now  got  at  it, 
and  spoke  very  long  against  the  clause.  Strong  got  up  for  the 
clause,  and  a  most  confused  speech  he  made,  indeed.  I  have 
notes  of  it,  but  think  it  really  not  worth  answering,  unless  to 
show  the  folly  of  some  things  that  he  said.  Dr.  Johnson  rose 
and  told  us  twice  before  he  proceeded  far  that  he  would  not 
give  an  opinion  on  the  power  of  the  President,  This  man's 
conscience  would  not  let  him  ;  he  is  a  thorough-paced  courtier, 
yet  he  wishes  not  to  lose  his  interest  with  the  President. 
However,  his  whole  argument  went  against  the  clause,  and  at 
last  he  declared  he  was  against  the  wrhole  of  it.  Mr.  Lee  rose* 
He  spoke  long  and  pointedly  against  the  clause.  He  repeated 
many  of  my  arguments,  but  always  was  polite  enough  to  ac 
knowledge  the  mention  I  had  made  of  them.  He  spoke  from 
a  paper  which  he  held  in  his  hand.  He  continued  until  it  was 
past  three  o'clock,  and  an  adjournment  was  called  for  and  took 
place. 

In  looking  over  my  notes  I  find  I  omitted  to  set  down 
sundry  arguments  which  I  used.  But  no  matter ;  I  will  not 
do  it  now. 

July  15th. — Senate  met.  Mr.  Carrol  showed  impatience 
to  be  up  first.  He  got  up  and  spoke  a  considerable  length  of 
time.  The  burden  of  his  discourse  seemed  to  be  the  want  of 
power  in  the  President,  and  a  desire  of  increasing  it.  Great 
complaints  of  what  is  called  the  atrocious  assumption  of  power 
in  the  States.  Many  allusions  to  the  power  of  the  British 
kings.  The  king  can  do  no  wrong.  If  anything  improper  is 
done,  it  should  be  the  Ministers  that  should  answer.  How 
strangely  this  man  has  changed  ! 

The  Collection  bill  was  called  for  and  read  for  the  first 
time.  Now  Elsworth  rose  with  a  most  lengthy  debate.  The 
first  words  he  said  were,  "  In  this  case  the  Constitution  is  our 
only  rule,  for  we  are  sworn  to  support  it."  But  [he]  neither 
quoted  it  nor  ever  named  it  afterward  except  as  follows.  He 


THE  MEMBERS  CABALLING.  [1789 

said  by  allusion,  "  I  buy  a  square  acre  of  land.  I  buy  the 
trees,  water,  and  everything  belonging  to  it.  The  executive 
power  belongs  to  the  President.  The  removing  of  officers  is 
a  tree  on  this  acre.  The  power  of  removing  is,  therefore,  his. 
It  is  in  him.  It  is  nowhere  else.  Thus  we  are  under  the 
necessity  of  ascertaining  by  implication  where  the  power  is." 
He  called  Dr.  Johnson  Thomas  Aquinas  by  implication,  too, 
and  said  things  rather  uncivil  to  some  other  of  his  opponents. 
Most  carefully  did  he  avoid  entering  on  the  subject  of  im 
peachment.  After  some  time,  however,  he  got  fairly  on  new 
ground.  Lamented  the  want  of  power  in  the  President. 
Asked,  Did  we  ever  quarrel  with  the  power  of  the  Crown  of 
Great  Britain  ?  No,  we  contended  with  the  power  of  the  Par 
liament.  No  one  ever  thought  the  power  of  the  Crown  too 
great.  [He]  said  he  was  growing  infirm,  should  die,  and 
Should  not  see  it,  but  the  Government  would  fail  for  want  of 
power  in  the  President.  He  would  have  power  as  far  as  he 
would  be  seen  in  his  coach-and-six.  "  We  must  extend  the 
executive  arm."  (Mr.  Lee  yesterday  had  said  something  about 
the  Dutch.)  "  If  we  must  have  examples,"  said  he,  "  let  us  draw 
them  from  the  people  whom  we  used  always  to  imitate ;  from 
the  nation  who  have  made  all  others  bow  before  them,  and  not 
from  the  Dutch,  who  are  divided  and  factious."  He  said  a 
great  deal  more,  but  the  above  is  all  I  minuted  down  at  the 
time.  Mr.  Izard  rose  and  answered.  Mr.  Butler  rose  and 
spoke.  It  was  after  three.  Mr.  Lee  rose ;  said  he  had  much 
to  say,  but  would  now  only  move  an  adjournment.  As  it  was 
late,  the  House  accordingly  adjourned. 

I  have  seen  more  caballing  and  meeting  of  members  in 
knots  this  day  than  I  ever  observed  before.  As  I  came  up 
stairs,  Elsworth,  Ames,  and  Mr.  Morris  stood  in  a  knot.  Soon 
afterward  Elsworth,  Carrol,  and  Strong  got  together.  As 
soon  as  the  House  adjourned,  Carrol  took  Patterson  aside,  and 
there  seemed  a  general  hunt  and  bustle  among  the  members. 
I  see  plainly  public  speaking  on  this  subject  is  now  useless, 
and  we  may  put  the  question  where  we  please.  It  seems  as  if 
a  court  party  was  forming ;  indeed,  I  believe  it  was  formed 
long  ago. 

July  16th. — Attended  pretty  early  this  morning.     Many 


JULY  16]  RECANTATION.  115 

were,  however,  there  before  me.  It  was  all  huddling  away  in 
small  parties.  Our  Yice-President  was  very  busy  indeed  ;  run 
ning  to  every  one.  He  openly  attacked  Mr.  Lee  before  me 
on  the  subject  in  debate,  and  they  were  very  loud  on  the  busi 
ness.  I  began  to  suspect  that  the  court  party  had  prevailed. 
Senate,  however,  met,  and  at  it  they  went.  Mr.  Lee  began, 
but  I  really  believe  the  altercation,  though  not  a  violent  one, 
which  he  had  with  the  Yice-President  had  hurt  him,  for  he 
was  languid  and  much  shorter  than  ever  I  had  heard  him  on 
almost  any  subject.  [_Mr.  Patterson  got  up.  For  a  long  time 
you  could  not  know  what  he  would  be  at.  After,  however, 
he  had  warmed  himself  with  his  own  discourse,  as  the  Indians 
do  with  their  war-songs,  he  said  he  was  for  the  clause  continu 
ing.  He  had  no  sooner  said  so  than  he  assumed  a  bolder  tone 
of  voice ;  flew  over  to  England ;  extolled  its  Government ; 
wished,  in  the  most  unequivocal  language,  that  our  President 
had  the  same  powers ;  said,  let  us  take  a  second  view  of  Eng 
land  ;  repeating  nearly  the  same  thing.  Let  us  take  a  third 
view  of  it,  said  he.  And  then  lie  abused  Parliament  for  having 
made  themselves  first  triennial  and  lastly  septennial.  Speaking 
of  the  Constitution,  he  said  expressly  these  words,  speaking  of 
the  removing  of  officers  :  u  There  is  not  a  word  of  removability 
in  it."  His  argument  was  that  the  Executive  held  this  as  a 
matter  of  course. 

Mr.  Wyngate  got  up  and  said  something  for  striking  out. 
Mr.  Read  rose,  and  was  swinging  on  his  legs  for  an  hour.  He 
had  to  talk  a  great  deal  before  he  could  bring  himself  to  de 
clare  against  the  motionTj  But  now  a  most  curious  scene  opened. 
Dalton  rose  and  said  aTnumber  of  things  in  the  most  hesitating 
and  embarrassed  manner.  It  was  his  recantation ;  [he]  had 
just  now  altered  his  mind.  From  what  had  been  said  by  the 
honorable  gentleman  from  Jersey,  he  was  now  for  the  clause. 
Mr.  Izard  was  so  provoked  that  he  jumped  up ;  declared  noth 
ing  had  fallen  from  that  gentleman  that  could  possibly  con 
vince  any  man ;  that  men  might  pretend  so,  but  the  thing  was 
impossible. 

Mr.  Morris'  face  had  reddened  for  some  time.  He  rose 
hastily,  threw  censure  on  Mr.  Izard ;  declared  that  the  canting 
man  behaved  like  a  man  of  honor ;  that  Patterson's  arguments 


THE  WAR  SONG.  [1789 

were  good  and  sufficient  to  convince  any  man.  The  truth, 
however,  was  that  everybody  believed  that  John  Adams  was 
the  great  converter. 

But  now  recantation  was  in  fashion.  Mr.  Bassett  recanted, 
too,  though  he  said  he  had  prepared  himself  on  the  other  side. 
We  now  saw  how  it  would  go,  and  I  could  not  help  admiring 
the  frugality  of  the  court  party  in  procuring  recantations,  or 
votes,  which  you  please.  After  all  the  arguments  were  ended 
and  the  question  taken  the  Senate  was  ten  to  ten,  and  the  Yice- 
President  with  joy  cried  out,  "  It  is  not  a  vote  !  "  without  giv 
ing  himself  time  to  declare  the  division  of  the  House  and  give 
his  vote  in  order.  Every  man  of  our  side,  in  giving  his 
sentiments,  spoke  with  great  freedom,  and  seemed  willing  to 
avow  his  opinion  in  the  openest  manner.  Not  a  man  of  the 
others  who  had  made  any  speech  to  the  merits  of  the  matter, 
but  went  about  it  and  about  it.  I  called  this  singing  the  war- 
song,  and  I  told  Mr.  Morris  I  would  give  him  every  one  whom 
I  heard  sing  the  war-song  ;  or,  in  other  words,  those  who  could 
not  avow  the  vote  they  were  fully  minded  to  give  until  they 
had  raised  spirits  enough  by  their  own  talk  to  enable  them  to 
do  it.  Gray  son  made  a  speech.  It  was  not  long,  but  he  had 
in  it  this  remarkable  sentence  :  "  The  matter  predicted  by  Mr. 
Henry  is  now  coming  to  pass :  consolidation  is  the  object  of 
the  new  Government,  and  the  first  attempt  will  be  to  destroy 
the  Senate,  as  they  are  the  representatives  of  the  State  Legis 
latures." 

It  has  long  been  a  maxim  with  me  that  no  frame  of  gov 
ernment  whatever  would  secure  liberty  or  equal  administration 
of  justice  to  a  people  unless  virtuous  citizens  were  the  legis 
lators  and  Governors.  I  live  not  a  day  without  finding  new 
reason  to  subscribe  to  this  doctrine.  What  avowed  and  re 
peated  attempts  have  I  seen  to  place  the  President  above  the 
powers  stipulated  for  him  by  the  Constitution  ! 

The  vote  stood :  For  striking  out — Butler,  Izard,  Lang- 
don,  Johnson,  Wyngate,  Few,  Gunn,  Grayson,  Lee,  Maclay — 
ten.  Against  striking  out :  Read,  Bassett,  Elsworth,  Strong, 
Dalton,  Patterson,  Elmer,  Morris,  Henry,  Carrol — ten ;  and 
John  Adams. 

I  replied  to  a  number  of  their  arguments,  and  the  sub- 


JULY  17]  THE  JUDICIARY  BILL  CONTINUES. 

stance  of  it  is  on  the  adjoining  loose  sheet.  Of  all  the  mem 
bers  of  the  House,  the  conduct  of  Patterson  surprised  me 
most.  He  has  been  characterized  to  me  as  a  stanch  Revolu 
tion  man  and  genuine  Whig ;  yet  he  has  in  every  republican 
question  deserted  and  in  some  instances  betrayed  us.  I  know 
not  that  there  is  such  a  thing  as  buying  members,  but,  if  there 
is,  he  is  certainly  sold. 

I  never  was  treated  with  less  respect  than  this  day.  Adams 
behaved  with  studied  inattention.  He  was  snuffling  up  his 
nose,  kicking  his  heels,  or  talking  and  sniggering  with  Otis 
the  whole  time  I  was  up.  Butler — though  no  man  bears  a 
thing  of  this  kind  with  less  temper — engaged  Wyngate,  Izard, 
and  his  end  of  the  table  in  earnest  conversation.  Elsworth, 
Bassett,  and  Read  formed  another  knot.  Mr.  Morris  went 
out.  The  doorkeeper  was  kept  on  a  continual  trot,  calling  out 
Strong,  Patterson,  Henry,  Carrol,  etc.  I  might  have  said 
more,  but  it  was  useless. 

July  17th. — Attended  at  the  Hall  half  after  nine  o'clock. 
We  read  and  corrected  the  long  judiciary.  The  Senate  met 
at  the  usual  time.  This  same  judiciary  was  taken  up  and 
went  over.  And  now  Mr.  Butler  rose  against  it ;  Mr.  Gray- 
son  spoke  against  it,  and  Mr.  Lee  was  more  pointed  than  any 
of  them.  Had  Mr.  Lee  joined  us  in  my  objections  against  it 
at  an  early  period,  perhaps  we  might  have  now  had  it  in  better 
form.  Mr.  Butler  offered  a  motion  for  leave  for  any  member 
to  enter  his  dissent  on  the  minutes.  This  proved  a  most 
lengthy  debate.  It  was  four  o'clock  before  it  was  decided. 
He  lost  his  motion.  I  thought  it  right.  And  now  Mr.  Lee, 
Mr.  Grayson,  Mr.  Butler,  and  Mr.  Wyngate  rose  for  the  yeas 
and  nays  on  the  Judiciary  bill.  They  were  given ;  I  was  in 
the  negative. 

I  opposed  this  bill  from  the  beginning.  It  certainly  is  a 
vile  law  system,  calculated  for  expense  and  with  a  design  to 
draw  by  degrees  all  law  business  into  the  Federal  courts.  The 
Constitution  is  meant  to  swallow  all  the  State  Constitutions  by 
degrees,  and  thus  to  swallow,  by  degrees,  all  the  State  judicia 
ries.  Tliis,  at  least,  is  the  design  some  gentlemen  seem  driving 
at.  O  sweet  Candor,  when  wilt  thou  quit  the  cottage  and  the 
lisping  infant's  lips  and  shed  thy  glory  round  the  statesman's 


118  DINNER  WITH   THE  PENNSYLVANIANS.  [1789 

head  ?  Is  it  inscribed  on  human  fate  that  man  must  grow 
wicked  to  seem  wise  ;  and  must  the  path  of  politics  be  forever 
encumbered  with  briers  and  thorns  ? 

I  had  been  much  pressed  to  dine  with  the  Speaker  in 
a  company  of  Pennsylvanians.  I  went  there  and  sat  till  six. 
I  am  a  poor  string  in  a  convivial  concert.  My  lame  knee 
will  neither  let  me  eat  nor  drink.  I  am  old,  and  ought  to 
know  it.  I  became  quite  tired  with  the  voluble  tattle  of  the 
table.  I  never  had  much,  but  now  much  less,  taste  for 
convivial  joys.  Some  of  the  company  grew  very  talkative 
before  I  left  them,  particularly  the  Governor  of  the  Western 
Territory.  He  must  soon  sink  in  the  public  opinion  if  he 
conducts  himself  as  he  did  this  evening.  He  was  tediously 
talkative,  and  dwelt  much  on  the  fooleries  of  Scottish  an 
tiquity,  and,  what  was  worse,  showed  ill-nature  when  he  was 
laughed  at. 

July  18th. — We  had  some  debate  yesterday  about  the  ad 
journment.  It  was  agreed  to  sit  this  day  expressly  with  a 
design  to  take  up  the  Collection  bill.  As  soon  as  the  minutes 
were  read,  Mr.  Morris  called  for  it  and  I  seconded  it.  But 
Elsworth  called  for  the  bill  on  foreign  affairs  (as  he  was  sick 
and  wanted  a  few  days'  absence,  and  Bassett,  who  had  stayed 
over  the  time  he  expected,  was  likewise  going  out  of  town). 
We  had  now  much  curious  conversation.  Mr.  Gray  son  made 
some  remarks  on  our  mode  of  doing  business.  Our  doors  were 
shut,  and  a  member  was  debarred  the  privilege  of  a  protest. 
We  were  shut  up  in  conclave.  We,  however,  have  often  had 
this  business  before  us.  The  Yice-President,  however,  took 
occasion  to  get  up  and  gave  us  his  history  of  protests.  He  said 
the  House  of  Lords  only  had  that  right ;  they  had  it  in  the 
feudal  right.  They  were  originally  an  armed  militia  for  the 
defense  of  the  country,  and  were  supposed  to  be  possessed  of 
everything  honorable.  But,  as  to  the  Scotch  peers,  that  was  a 
piece  of  patchwork.  The  Senate  were  an  elective  body,  and 
their  motives  would  be  to  preserve  their  popularity  in  order  to 
secure  their  elections,  and  therefore  they  ought  not  to  have 
any  power  of  protesting. 

Elsworth  made  a  second  motion  that  the  bill  for  foreign 
affairs  should  be  postponed  till  Wednesday  fortnight.  Lang- 


JULY  18]  RESPONDEAT  SUPERIOR.  119 

dori  seconded  this.  Sundry  gentlemen,  however,  called  for  the 
bill.  The  Yice-President  put  the  question  on  the  bill  and  it 
was  taken  up.  The  gentlemen  against  the  bill,  [were]  Mr. 
Izard,  Langdon,  and  Johnson,  declared  all  they  wished  was  the 
yeas  and  nays  in  the  same  form  as  they  had  passed  yesterday, 
the  Vice-President  giving  the  casting  vote.  Elsworth  pro 
posed  that  Bassett  should  withdraw,  and  then  there  would  be  a 
tie.  Bassett  did  not  like  it. 

Elsworth  proposed  to  withdraw,  and  actually  did  so.  All 
this  was  occasioned  by  the  absence  of  Butler.  And  now  the 
yeas  and  nays  were  taken  on  the  words,  "  by  the  President." 
Our  Vice-President  gave  the  casting  vote.  Mr.  Lee  moved  an 
amendment  in  the  fore  part  of  the  bill  which  did  not  seem 
well  digested.  It  was  lost,  of  course.  The  amount  of  it  was 
that  the  officer  should  be  responsible.  I  arose  and  said  I  could 
not  consent  to  it,  for  by  the  third  clause  of  the  bill  the  officer 
was  made  such  an  abject  creature,  so  dependent  on  the  nod  of 
a  superior,  I  thought  it  cruel  to  make  him  in  any  degree  re 
sponsible  for  measures  in  which  he  could  have  no  free  agency. 
He  had  been  called  servant.  He  was  more — he  was  the  creat 
ure  of  the  President.  The  President  was  the  responsible 
officer  by  the  Constitution.  It  had  been  said  no  use  wrould  be 
made  of  this.  I  hoped  there  never  would  be  any  occasion  ; 
but  respondeat  superior  was  a  maxim  in  law,  and  I  supposed 
we  would  have  to  trust  to  it.  Mr.  Langdon  moved  to  strike 
out  "  to  be  appointed  by  the  said  principal  officer."  I  could 
not  see  what  he  aimed  at.  Dr.  Johnson  got  up  and  complained 
of  the  approbation  of  the  President  in  the  last  part  of  the 
clause  as  reflecting  on  the  Senate,  to  whom  the  Constitution 
had  given  the  power  of  approving. 

I  doubted  whether  I  should  rise  or  no,  thinking  all  oppo 
sition  vain.  I  determined,  however,  to  speak :  Mr.  Presi 
dent,  this  clause  calls  the  chief  clerk  an  inferior  officer.  I 
think  differently  of  him.  This,  sir,  will  be  the  man  who  will 
do  the  business.  In  England,  sir — that  country  from  which 
we  are  so  fond  of  taking  examples — the  chief  clerks  do  the 
business ;  so  much  so  that,  on  an  eminent  character  being  told 
by  a  person  who  seemed  in  concern  on  the  occasion  that  the 
Ministry  were  changed,  asked  gravely  if  the  clerks  in  the  office 


120  RESPONDEAT  SUPERIOR.  [1789 

were  changed  ;  being  answered  no.  Give  yourself  no  further 
uneasiness,  then  ;  the  business  will  meet  with  no  interruption. 
So  will  it  be  here.  The  calling  him  an  inferior  officer,  how 
ever,  paves  the  way  for  his  appointment  by  the  head  of  the 
department.  But  what  is  the  use  of  the  clause  here  ?  I  think 
freely  and  freely  will  I  speak.  The  Secretary  appoints  his 
clerk,  of  course,  and  the  clerk,  of  course,  will  take  care  of  the 
office  records,  books,  and  papers,  even  if  the  principal  should 
be  removed.  They  are  to  be  under  oath  or  affirmation  faith 
fully  to  execute  the  trust  committed  to  them.  It  is  not  to  be 
presumed  that  they  will  abandon  the  papers  to  the  winds. 
What,  then,  is  the  use  of  the  clause  ?  Clearly  to  put  it  into  the 
power  of  a  President,  if  so  minded,  to  exercise  this  office  with 
out  the  advice  or  consent  of  the  Senate  as  to  the  affair.  The 
consent  of  the  President  at  the  end  of  the  clause  points  out 
this  clearly.  Tliis  is  a  kind  of  a  consent  unwarranted  by 
the  Constitution.  The  President  removes  the  principal — the 
clerk  pleases  him  well,  being  a  man  of  his  approbation. 
The  Senate  can  not  force  him  to  a  nomination,  and  the  bus 
iness  may  proceed  during  his  presidency.  The  objects  osten 
sibly  held  out  by  the  bill  are  nugatory.  The  design  is  but  illy 
concealed.  It  was  for  these  reasons  I  formerly  moved  to 
strike  out  this  clause,  and  I  am  still  averse  to  the  whole 
of  it. 

Patterson  got  up,  said  the  latter  part  of  the  clause,  perhaps, 
was  exceptionable,  and  he  would  have  no  objection  to  strike  it 
out.  Mr.  Morris  rose  and  said  something  to  the  same  import ; 
but  as  Dr.  Johnson  had  glanced  somewhat  at  the  conduct  of 
the  other  House,  and  as  what  I  had  said  leaned  the  same  way, 
Mr.  Morris  said  whatever  the  particular  view  might  be  of  the 
member  who  brought  in  this  clause,  he  acquitted  the  House, 
in  general,  of  any  design  against  the  Senate.  Mr.  ELs worth 
rose  and  said  much  more  on  the  same  subject.  I  rose  and  said 
I  thought  nothing  on  this  subject  which  I  would  not  avow. 
The  House  of  Representatives  had  debated  four  days  on  a 
direct  clause  for  vesting  the  President  with  this  power ;  and, 
after  having  carried  it  with  an  open  face,  they  dropped  and  threw 
out  the  clause,  and  have  produced  the  same  thing,  cloaked  and 
modified  in  a  different  manner  by  a  side-wind.  I  liked,  for 


JULY  20]   SENATORS  BID  WILLIAM  MACLAY  GOOD-BY. 

my  part,  plain  dealing,  and  there  was  something  that  bore  a 
very  different  aspect  in  this  business. 

July  19th,  Sunday. — Determined  to  set  off  home,  come 
what  would.  "Went  for  Mr.  Morris'  lodgings  ;  he  was  out  of 
town.  Yisited  Mr.  Butler,  who  lives  just  by  him.  Yisited 
Mr.  Clymer,  who  was  just  returned  from  Philadelphia.  Called 
on  Mr.  Izard  on  my  way  home.  He  was  most  violent  on  the 
subject  of  our  late  measures.  He  abhors  our  Yice-President. 
Came  home.  Read  mostly  in  the  afternoon.  Yisited  by  the 
Speaker,  General  St.  Clair,  Delany,  Macpherson,  and  sundry 
other  gentlemen.  My  health  requires  a  journey  home.  But  I 
this  day  read  the  story  of  Father  Nicholas  in  The  Lounger.  I 
am  no  St.  Hubert,  no  sinner  known,  no  Delasmus  or  Turn- 
villes.  But  this  story  had  an  effect  on  me.  I  will  go  and  see 
my  family. 

July  Wtli,  Monday. — Asked  leave  of  absence  for  three 
weeks  on  account  of  my  health.  Obtained  it  without  difficulty. 
I  remained  some  time  in  my  place  after  business  was  over,  to  give 
an  opportunity  to  any  of  the  members  who  chose  it  to  wish  me 
a  good  journey,  or  to  speak  to  me  on  business  if  they  had  any. 
Henry,  of  Maryland,  and  a  group  soon  gathered  about  me. 
They  seemed  to  think  that  my  going  was  owing  to  disaffection 
to  public  measures  as  much  as  to  indisposition.  This  I  would 
not  own  but  in  [a]  qualified  sense  ;  that  my  disappointment 
with  respect  to  public  measures  and  constant  vexation  had  per 
haps  aggravated  my  indisposition. 

Fun  now  let  loose  her  frolics  upon  me,  and  who  of  all  the 
human  race  will  thank  you  for  that  ?  Not  one  in  a  thousand 
will  believe  a  word  of  it,  and  if  any  do  they  will  call  you  a  fool 
for  your  pains.  u  Gratitude  no  governing  principle  among  the 
liumanum  pecus.  Fear  only  the  parent  of  obedience  among 
the  herd  of  mankind.  The  hangman  in  this  world  and  the 
devil  in  the  next.  Republican  theories  well  enough  in  times 
of  public  commotion  or  at  elections ;  but  all  sensible  men  ouce 
in  power  know  that  force  is  the  only  effectual  means  to  secure 
obedience.  Hence  has  flowed,  and  forever  will  flow,  the  fail 
ure  of  republican  government.  Oligarchies  and  aristocracies 
follow  till  monarchy  tops  the  system,  and  will  continue  till 
some  unskillful  driver  overloads  the  ass,  and  then  the  restive 


122  RETURN  TO  NEW  YORK.  [1789 

beast  throws  both  itself  and  the  rider  in  the  mire,  and  the  old 
process  begins."  "  A  Senator  will  be  elected  in  yonr  place  be 
fore  long,"  said  one.  "  Your  patriotism  will  be  of  great  serv 
ice  to  you  then.  A  single  dinner  given  by  a  speculator  (peo 
ple  wTho  do  not  like  you)  will  procure  ten  votes  where  your 
disinterestedness  has  not  procured  you  one.  And  you  must 
intrigue  and  cabal  as  deep  as,  and  deeper  too,  than  your  adver 
saries,  or  we  will  not  see  you  here  again.  Is  there  a  single  one 
of  the  majestic  mob  who  will  not  belie,  defraud,  deceive,  and 
cheat  you  for  the  smallest  interest  ?  Health  is  too  great  a  sac 
rifice  for  such  a  herd." 

The  whole  was  delivered  with  so  comic  an  air  that  a  serious 
answer  seemed  improper,  and  yet  I  wished  to  say  something, 
and,  for  the  sake  of  harmony,  if  possible  in  the  same  key : 
Gentlemen,  I  have  at  home  good  neighbors.  Good — 

[Here  a  leaf  from  the  journal  has  been  torn  out.     The  next  entry  is  made 
on  the  return  of  Senator  Maclay  to  New  York,  August  16th.] 

August  16tk,  Sunday. — Came  to  New  York  at  ten  o'clock 
at  night,  greatly  fatigued  with  my  journey.  Went  after  break 
fast  to  Mr.  Morris'  lodgings.  He  was  abroad.  Called  on 
Mr.  Clymer  at  his  lodgings,  and  left  his  and  Mr.  Fitzsimons' 
letters.  Called  to  see  Mr.  Scott  and  Ellicott ;  both  abroad. 
Called  on  Mr.  Izard.  He  gave  me  a  short  history  of  the  court 
party  which  (as  might  be  expected)  is  gaining  ground.  A 
conference  has  been  held  with  the  President,  in  which  Mr. 
Izard  declares  that  the  President  owned  he  had  consulted  the 
members  of  the  House  of  Representatives  as  to  his  nomina 
tions,  but  likewise  said  he  had  not  acted  so  with  the  Senators, 
as  they  could  have  an  opportunity  of  giving  their  advice  and 
consent  afterward. 

This  small  anecdote  serves  to  divulge  his  [Wasnington's] 
conduct,  or  rather  to  fix  my  opinion  of  his  conduct,  for  some 
time  past,  to  wit,  a  courtship  of  and  attention  to  the  House  of 
Representatives,  that  by  their  weight  he  may  depress  the  Senate 
and  exalt  [his]  prerogatives  on  the  ruins.  Mr.  Izard  was  clear 
ly  of  opinion  that  all  the  late  measures  flowed  from  the  Presi 
dent.  Mr.  Madison,  in  his  opinion,  was  deep  in  this  business. 
The  President  shewed  great  want  of  temper  (as  Izard  said) 
when  one  of  his  nominations  was  rejected.  The  President 


AUGUST  16]          THE   PENNSYLVANIA  TRIANGLE.  123 

may,  however,  be  considered  as  in  a  great  measure  passive  in  the 
business.  The  creatures  that  surround  him  would  place  a  crown 
on  his  head,  that  they  may  have  the  handling  of  its  jewels. 

Mr.  Izard  informed  me  of  the  attempt  of  Gorliam  to  get 
the  land  commonly  called  the  triangle  [now  Erie  County]  from 
Pennsylvania,  or  at  least  to  delay  the  business  until  he  could 
get  a  number  of  New  England  men  to  settle  on  it,  so  as  to  hold 
it  by  force  and  make  a  second  Wyoming  of  it.  He  said  Mr. 
Morris  had  got  the  business  put  off  until  Wednesday,  expecting 
my  coming  to  town.  By  his  account  a  strong  party  is  forming 
by  Gorliam,  and  they  expect  to  carry  it  against  Pennsylvania. 
I  immediately  left  him,  Sunday  as  it  was,  to  call  on  Scott  and 
Ellicott  to  prepare  for  this  business.  Could  find  none  of 
them. 

My  haste  and  agitation  on  hearing  of  Gorham's  affair  pre 
vented  my  noting  all  Mr.  Izard's  communications.  He  said 
all  your  measures  are  reprobated  and  will  be  rejected.  Your 
voting  by  ballot,  in  agreeing  to  nominations,  and  so  on.  We 
have  all  been  to  dine  with  the  great  man.  It's  all  disagreeable 
to  him,  and  will  be  altered,  etc.  He  gave  clear  hints  of  my 
loss  of  character  at  court,  and  in  the  direct  influence  of  the 
President  with  the  members  of  Congress,  etc.  For  some  time 
past  (as  the  Indian  said)  I  could  see  how  the  watches  went,  but 
I  did  not  know  before  the  way  they  were  wound  up.  It  was 
to  counteract  a  growing  influence  which  I  observed  to  gain 
ground  daily  that  I  moved  the  consent  to  appointments  to  be 
given  by  ballot.  The  having  carried  this  matter  was  passing 
the  Rubicon  in  transgression,  as  it  went  to  pluck  up  patronage 
by  the  roots,  and  to  undo  this  is,  it  seems,  a  knot  worthy  of 
presidential  interference. 

A  thought  here  on  the  subject  of  influence.  Stripped  of 
its  courtly  coloring,  and  it  is  neither  more  nor  less  than  cor 
ruption.  When  Walpole  debauched  the  British  Senate  (House 
of  Lords),  was  it  either  morally  or  politically  different  whether 
he  did  it  by  court  favor,  loans,  jobs,  lottery-tickets,  contracts, 
offices,  or  expectancy  of  them,  or  with  the  clinking  guinea  ? 
The  motive  and  effect  were  certainly  the  same.  But  Walpole 
was  a  villain.  What,  then,  must  be  the  man  that  follows  his 
footsteps  ? 


124:  THE  INDIAN  TKEATIES.  [1789 

August  17,  Monday. — Went  out,  although  I  was  not 
very  well.  It  was  near  nine  o'clock  before  I  could  see  Mr. 
Scott,  and  he  was  then  in  bed.  I  saw  Mr.  Morris,  who  had 
just  received  all  the  papers  from  Mr.  Ellicott  about  the  tri 
angle  [Erie  County,  Pennsylvania].  "Not  one  of  them  had 
ever*  thought  that  Pennsylvania  had  actually  purchased  this 
land  from  the  Indians.  I  called  on  General  St.  Clair,  who 
will  set  this  in  a  clear  point  of  view,  if  they  will  not  give  us 
time  to  send  to  Philadelphia  for  the  deed,  etc. 

Attended  the  Senate  at  the  usual  hour.  The  business  agi 
tated  this  day  in  the  Senate  was  the  bill  for  regulating  the 
coasting  trade.  Some  progress  was  made  in  it,  when  it  was 
postponed,  and  the  affairs  of  Georgia,  with  respect  to  the  In 
dians,  were  taken  up.  Some  warmth  on  this  business.  Sat 
until  after  four  and  adjourned. 

August  18th,  Tuesday. — Busy  preparing  for  the  debate  on 
the  triangle,  which  is  to  come  on  to-morrow.  Senate  met  at 
the  usual  time.  The  bill  for  the  Indian  treaties  was  taken  up, 
and  considerable  debate.  I  asked  for  information — for  some 
estimate  of  the  expense,  but  it  seems  none  had  been  furnished. 
A  motion  was  made  for  reducing  the  sum  appropriated  from 
forty  to  twenty  thousand  dollars,  but  no  estimate  appeared  for 
either.  I  lamented  my  want  of  information,  but  declared  I 
hoped  the  House  of  Kepresentatives  had  some  just  grounds  to 
go  on  when  they  voted  the  forty  [thousand  dollars]  ;  that  I 
would  for  once  trust  to  them,  since  I  must  vote  in  the  dark. 
But  the  twenty  was  carried.  "We  then  read  over  the  penal  law 
for  the  second  time,  and  debated  on  it  until  the  hour  of  ad 
journment. 

August  19th,  Wednesday. — Senate  met,  and  went  on  the 
appointment  of  an  officer  to  run  the  line  of  the  triangle.  I 
will  not  attempt  a  detail  of  the  arguments,  maps,  resolves  of 
Congress,  contracts,  etc.,  that  were  produced  by  us,  which  those 
who  voted  for  us  declared  carried  demonstration  with  them. 
We  had  every  man  east  of  the  Hudson  against  us,  and  most  of 
them  speakers.  Dr.  Johnson,  in  particular,  was  very  uncandid. 
Elsworth  voted  against  us,  but  spoke  but  little.  King  and 
Schuyler  managed  the  debate  principally.  Langdon  was  very 
often  up.  Every  point  on  the  paper  annexed  was  canvassed, 


AUGUST  19]  THE  PENNSYLVANIA  TRIANGLE.  125 

i 

and  a  vast  many  more.     I  can  not  pretend  to  say  how  often  I 

was  up,  but  my  throat  was  really  sore  with  speaking.  So  plain 
a  case  I  never  before  saw  cost  so  much  trouble.  Under  my 
present  impression  I  am  ready  to  vote  every  man  void  of  prin 
ciple  who  voted  against  this  measure.  At  a  quarter  past  three 
we  got  the  resolve  passed.  I  can  not  help  writing  that  sena 
torial  honor  dwells  not  east  of  the  Hudson.  Strong  was  most 
uncandid  and  selfish,  and  often  up.  I  wish  I  may  soon  have 
occasion  to  retract  my  above  opinion  ;  it  is  painful  to  think  so 
badly  of  one's  fellow-members. 

The  annexed  paper  :  "  An  Act  of  Cession  by  the  State  of 
New  York  to  the  United  States  on  the  1st  March,  1781.  Ac 
cepted  by  Congress  on  the  29th  October,  1782." 

Here  showed  that  the  cession  was  made  on  geographical 
principles  by  the  map,  and  explain  how  the  northwest  corner 
of  Pennsylvania  came  to  be  placed  fifty  (say  fifty-four  and 
a  half)'  miles  farther  west,  and  how  this  company  and  the 
State  of  New  York  wish  to  avail  themselves  of  that  circum 
stance. 

On  the  18th  of  April,  1785,  a  cession  of  the  same  territory 
was  accepted  by  Congress  from  the  State  of  Massachusetts  in 
the  same  words,  only  the  Pennsylvania  line  was  not  mentioned, 
on  a  supposition  that  there  was  a  vacancy  of  two  minutes  of  a 
degree  between  them. 

A  meridian  passing  through  the  westerly  bend  of  Lake 
Erie,  or  through  a  point  twenty  miles  west  of  the  most  wester 
ly  bend  of  the  Niagara  River,  one  or  the  other  must  be  the 
western  limit  of  the  State  of  New  York,  as  the  boundary  is  to 
be  a  meridian  and  must  pass  through  one  or  other  of  these 
points. 

On  the  6th  of  June,  1788,  Congress  ordered  the  geographer 
of  the  United  States  to  run  the  boundary-line,  giving  notice  to 
the  Executives  of  the  States  of  'New  York  and  Massachusetts, 
and  to  make  an  accurate  survey  of  the  land  lying  west  of  the 
meridian  between  Lake  Erie  and  the  State  of  Pennsylvania, 
that  the  same  might  be  sold.  (Read  the  resolution.) 

On  the;  16th  of  June,  1788,  the  geographer  instructed  An 
drew  Ellicott,  Esq.,  to  perform  this  service. 

On  the  7th  of  July,  1788,  the  State  of  Pennsylvania  offered, 


126  THE  PENNSYLVANIA  TRIANGLE.  [1789 

by  "William  Bingham  and  James  Reed,  three  fourths  of  a  dollar 
per  acre  for  this  land.  (Read  the  offer.) 

On  the  28th  of  August,  1782,  the  Pennsylvania  proposals 
were  accepted  and  the  bargain  closed  by  the  Board  of  Treasury. 
(Read  the  acceptance.) 

On  the  4th  of  September,  1788,  Congress  vested  the  right 
of  jurisdiction  over  the  said  tract  in  the  State  of  Pennsylvania. 
(Read  the  resolution.) 

Pennsylvania,  thus  vested  with  the  right  both  to  soil  and 
jurisdiction,  pursued  her  usual  system  with  regard  to  new 
lands ;  and,  although  it  was  said  that  Congress  ought  to  quiet 
the  claims  of  the  Indians  with  respect  to  lands  sold  by  them, 
she  chose,  in  conformity  to  ancient  usage,  to  purchase  of  the 
natives.  General  Butler  and  Colonel  Gibson  were  appointed 
agents  at  the  treaty  of  Muskingum,  and  the  purchase  of  these 
lands  was  made.  We  have  not  the  deeds  and  other  documents 
to  produce.  If  they  are  required,  we  will  send  for  them.  But 
General  St.  Clair,  now  in  town,  was  present  at  making  the 
contract,  present  at  obtaining  the  deed,  and  present  at  the  pay 
ment  of  the  consideration  at  Fort  Pitt. 

The  delay  of  making  the  survey  keeps  out  of  the  Treasury 
of  the  United  States  about  six  hundred  and  twenty-five  thou 
sand  dollars,  the  interest  of  which  is  about  nine  thousand  dol 
lars,  specie,  per  annum  ;  and  the  State  of  Pennsylvania  is  re 
tarded  in  the  settlement  of  the  country.  If  Mr.  Gorham  or 
any  individual  is  injured,  a  Federal  court  will  soon  be  opened. 
But  delays  are  attended  with  national  as  well  as  State  disad 
vantages,  and  ought  not  to  be  protracted.  Mr.  Morris  will 
vote  with  and  support  me.  But  it  is  strange  that  Gorham 
should  be  so  often  calling  him  out  and  holding  conversations 
with  him. 

August  Wth,  Thursday. — This  was  a  dull  day  in  the  Senate, 
and  might  be  said  to  make  amends  for  the  bustle  of  yesterday. 
The  Coasting  Trade  bill  engaged  us  all  day  in  a  round  of  dull 
ness.  ]STot  one  member  seemed  to  understand  the  whole  of  it, 
so  much  had  it  been  postponed  and  amended.  It  really  rather 
seems  a  system  for  tolerating  and  countenancing  smuggling 
than  otherwise.  I  told  them  so,  though  I  did  not  choose  to 
embark  much  in  it. 


AUGUST  21]  VIVA  VOCE   OR  BY  BALLOT?  127 

Mr.  Lear  has  for  two  days  past  been  introduced  quite  up  to 
the  Vice-President's  table  to  deliver  messages.  Mr.  Izard  rose 
to  know  the  reason  of  this.  Our  Vice-President  said  he  had 
directed  it  to  be  so,  and  alleged,  in  a  silly  kind  of  manner,  that 
he  understood  the  House  so.  There  was  some  talk  about  it  a 
few  days  ago  ;  but  I  understood  the  sense  of  the  Senate  to  be 
that  the  "  head  of  a  department,"  if  he  came  to  deliver  a  mes 
sage  from  the  President,  should  be  admitted  to  the  table  ;  but 
a  private  secretary  received  at  the  bar.  It  is  not  one  farthing 
matter ;  but  the  Clerk  of  the  Representatives  is  received  at  the 
bar,  and  I  think  him  a  more  respectable  character  than  any 
domestic  of  the  President.  Our  Vice-President,  however, 
never  seems  pleased  but  when  he  is  concerned  in  some  trifling 
affair  of  etiquette  or  ceremony.  Trifles  seem  his  favorite  ob 
ject,  and  his  whole  desire  to  be  tolas  in  illis. 

August  <2 1st,  Friday. — The  report  of  the  committee  that 
had  conferred  with  the  President  was  taken  up.  The  most  of 
it  was  where  the  President  should  sit  on  his  being  introduced 
into  our  chamber,  and  where  our  Vice-President  should  sit, 
etc.  A  second  resolution  was  added,  declaring  that  the  Senate 
should  give  their  advice  and  consent  in  all  cases  [to  presi 
dential  nominations]  viva  voce  vote.  This  being  directly  con 
trary  to  a  former  resolution  which  I  had  moved  for,  I  rose 
and  remarked  that  this  matter  had  been  solemnly  debated  for 
merly  and  decided  in  favor  of  a  ballot  when  it  came  to  the 
single  point  of  consenting  to  a  man's  nomination  ;  that  I  was 
still  of  the  same  opinion,  and  would  vote  against  the  resolu 
tion.  Izard  rose  and  said  it  was  true  that  the  present  resolution 
would  repeal  the  former  one,  and  it  was  so  intended,  as  he 
apprehended  there  was  a  change  in  the  sentiments  of  the  Sen 
ate  on  that  subject.  Mr.  Morris  rose  and  said  there  was  a 
change  in  the  sentiments  of  the  Senate,  and  he  hoped  his  hon 
orable  colleague  would  change  his  sentiments  for  his  own  sake. 

I  rose  and  said  it  was  a  matter  in  which  I  was  not  in  any 
degree  personally  concerned,  and  if  I  even  were,  nothing  would 
make  me  for  my  own  sake  change  my  vote  while  my  judg 
ment  remained  unaltered.  It  could  not,  so  far  as  I  knew, 
aft'ect  me  personally,  but  even  if  it  did  it  should  make  no  odds. 
On  the  question  I  gave  my  "  No  "  in  a  voice  sufficiently  audi- 


128  WASHINGTON  IN  THE  SENATE.  [1789 

ble.  One  other  faint  "  ~No  "  only  issued  from  the  opposite 
side  of  the  House,  So  that  now  the  court  party  triumphs  at 
Iarge0 

The  words  for  his  own  sake  were  not  without  a  meaning. 
I  have  never  been  at  the  table  of  the  President  or  the  Vice- 
President,  or  [been]  taken  the  least  notice  of,  for  a  considerable 
time,  by  the  diplomatic  corps  or  the  people  of  ton  in  the  city. 
But  I  care  not  a  fig  for  it.  Davy  Harris,  too,  has  lost  his  nomi 
nation  for  an  office  in  Baltimore ;  but  be  it  so.  I  have  done 
what  is  right ;  I  followed  my  judgment,  and  rejoice  in  it. 

Notice  was  given  just  before  we  broke  up  that  the  Presi 
dent  would  be  in  the  Senate  chamber  at  half  after  eleven  to 
morrow  to  take  the  advice  and  consent  of  the  Senate  on  some 
matters  of  consequence  ;  but  nothing  communicated. 

August  2£d,  Saturday.  —  Senate  met,  and  went  on  the 
Coasting  bill.  The  doorkeeper  soon  told  us  of  the  arrival  of 
the  President.  The  President  was  introduced,  and  took  our 
Vice-President's  chair.  He  rose  and  told  us  bluntly  that  he 
had  called  on  us  for  our  advice  and  consent  to  some  proposi 
tions  respecting  the  treaty  to  be  held  with  the  Southern  In 
dians.  Said  he  had  brought  General  Knox  with  him,  who  was 
well  acquainted  with  the  business.  He  then  turned  to  General 
Knox,  who  was  seated  on  the  left  of  the  chair.  General  Knox 
handed  him  a  paper,  which  he  handed  to  the  President  of  the 
Senate,  who  was  seated  on  a  chair  on  the  floor  to  his  right. 
Our  Vice-President  hurried  over  the  paper.  Carriages  were 
driving  past,  and  such  a  noise,  I  could  tell  it  was  something 
about  "  Indians,"  but  was  not  master  of  one  sentence  of  it. 
Signs  were  made  to  the  doorkeeper  to  shut  down  the  sashes. 
Seven  heads,  as  we  have  since  learned,  were  stated  at  the  end 
of  the  paper  which  the  Senate  were  to  give  their  advice  and 
consent  to.  They  were  so  framed  that  this  could  not  be  done 
by  aye  or  no. 

The  President  told  us  that  a  paper  from  an  agent  of  the 
Cherokees  was  given  to  him  just  as  he  was  coming  to  the 
Hall.  He  motioned  to  General  Knox  for  it,  and  handed  it  to 
the  President  of  the  Senate.  It  was  read.  It  complained 
hard  of  the  unjust  treatment  of  the  people  of  North  Carolina, 
etc.,  their  violation  of  treaties,  etc.  Our  Vice-President  now 


AUGUST  22]  WILLIAM   MACLAY   OBJECTS,  129 

read  off  the  first  article,  to  which  our  advice  and  consent  were 
requested.  It  referred  back  principally  to  some  statements  in 
the  body  of  the  writing  which  had  been  read. 

Mr.  Morris  rose.  Said  the  noise  of  carriages  had  been  so 
great  that  he  really  could  not  say  that  he  had  heard  the  body 
of  the  paper  which  had  been  read,  and  prayed  that  it  might  be 
read  again.  It  was  so  [read].  It  was  no  sooner  read  than  our 
Vice-President  immediately  read  the  first  head  over  again,  and 
put  the  question  :  Do  you  advise  and  consent,  etc.  ?  There  was 
a  dead  pause.  Mr.  Morris  whispered  me,  "  We  will  see  who 
will  venture  to  break  silence  first."  Our  Yice-President  was 
proceeding,  "  As  many  as — 

I  rose  reluctantly,  indeed,  and,  from  the  length  of  the 
pause,  the  hint  given  by  Mr.  Morris,  and  the  proceeding  of 
our  Y ice-President,  it  appeared  to  me  that  if  I  did  not  no 
other  one  would,  and  we  should  have  these  advices  and  con 
sents  ravished,  in  a  degree,  from  us. 

Mr.  President :  The  paper  which  you  have  now  read  to 
us  appears  to  have  for  its  basis  sundry  treaties  and  public 
transactions  between  the  Southern  Indians  and  the  United 
States  and  the  States  of  Georgia,  North  Carolina,  and  South  i 
Carolina.  The  business  is  new  to  the  Senate.  It  is  of  impor 
tance.  It  is  our  duty  to  inform  ourselves  as  well  as  possible 
on  the  subject.  I  therefore  call  for  the  reading  of  the  treaties 
and  other  documents  alluded  to  in  the  paper  before  us. 

I  cast  an  eye  at  the  President  of  the  United  States.  I  saw 
he  wore  an  aspect  of  stern  displeasure.  General  Knox  turned 
up  some  of  the  acts  of  Congress  and  the  protest  of  one  Blount, 
agent  for  North  Carolina.  Mr.  Lee  rose  and  named  a  particu 
lar  treaty  which  he  wished  read.  The  business  labored  with 
the  Senate.  There  appeared  an  evident  reluctance  to  proceed. 
The  first  article  was  about  the  Cherokees.  It  was  hinted  that 
the  person  just  come  from  there  might  have  more  information. 
The  President  of  the  United  States  rose ;  said  he  had  no  ob 
jection  to  that  article  being  postponed,  and  in  the  mean  time 
he  would  see  the  messenger. 

The  second  article,  which  was  about  the  Chickasaws  and  v 
Choctaws,  was  likewise  postponed.     The  third  article  more 
immediately  concerned  Georgia  and  the  Creeks.     Mr.  Gunn, 
9 


130  WILLIAM  MACLAY  OBJECTS.  [1789 

from  Georgia,  moved  that  this  be  postponed  till  Monday.  He 
was  seconded  by  Mr.  Few.  General  Knox  was  asked  when 
General  Lincoln  would  be  here  on  his  way  to  Georgia.  He 
answered  not  till  Saturday  next.  The  whole  House  seemed 
against  Gunn  and  Few.  I  rose  and  said,  when  I  considered 
the  newness  and  importance  of  the  subject,  that  one  article 
had  already  been  postponed ;  that  General  Lincoln,  the  first 
named  of  the  commissioners,  would  not  be  here  for  a  week ; 
the  deep  interest  Georgia  had  in  this  affair — I  could  not  think 
it  improper  that  the  Senators  from  that  State  should  be  in 
dulged  in  a  postponement  until  Monday ;  and  more  especially 
as  I  had  not  heard  any  inconvenience  pointed  out  that  could 
possibly  flow  from  it. 

The  question  was  put  and  actually  carried ;  but  Elsworth 
immediately  began  a  long  discourse  on  the  merits  of  the  busi- 
ness.  He  was  answered  by  Lee,  who  appealed  to  the  Consti 
tution  with  regard  to  the  power  of  making  war.  Butler  and 
Izard  answered,  and  Mr.  Morris  at  last  informed  the  disputants 
that  they  were  debating  on  a  subject  that  was  actually  post 
poned.  Mr.  Adams  denied,  in  the  face  of  the  House,  that  it 
had  been  postponed.  This  very  trick  has  been  played  by  him 
and  his  New  England  men  more  than  once.  The  question 
was,  however,  put  a  second  time  and  carried. 

I  had  at  an  early  stage  of  the  business  whispered  Mr.  Mor 
ris  that  I  thought  the  best  way  to  conduct  the  business  was  to 
have  all  the  papers  committed.  My  reasons  were,  that  I  saw 
no  chance  of  a  fair  investigation  of  subjects  while  the  Presi 
dent  of  the  United  States  sat  there,  with  his  Secretary  of  War, 
to  support  his  opinions  and  overawe  the  timid  and  neutral 
part  of  the  Senate.  Mr.  Morris  hastily  rose  and  moved  that 
the  papers  communicated  to  the  Senate  by  the  President  of 
the  United  States  should  be  referred  to  a  committee  of  five,  to 
report  as  soon  as  might  be  on  them.  He  was  seconded  by  Mr. 
Gunn.  Several  members  grumbled  some  objections.  Mr.  But 
ler  rose ;  made  a  lengthy  speech  against  commitment ;  said  we 
were  acting  as  a  council.  Ho  council  ever  committed  any 
thing.  Committees  were  an  improper  mode  of  doing  busi 
ness  ;  it  threw  business  out  of  the  hands  of  the  many  into  the 
hands  of  the  few,  etc. 


AUGUST  24]  WASHINGTON   GETS  ANGRY.  131 

I  rose  and  supported  the  mode  of  doing  business  by  com 
mittees  ;  that  committees  were  used  in  all  public  deliberative 
bodies,  etc.  I  thought  I  did  the  subject  justice,  but  concluded 
the  commitment  can  not  be  attended  with  any  possible  incon 
venience.  Some  articles  are  already  postponed  until  Monday. 
Whoever  the  committee  are,  if  committed,  they  must  make 
their  report  on  Monday  morning.  I  spoke  through  the  whole 
in  a  low  tone  of  voice.  Peevishness  itself,  I  think,  could  not 
have  taken  offense  at  anything  I  said. 

As  I  sat  down,  the  President  of  the  United  States  started 
up  in  a  violent  fret.  "This  defeats  every  purpose  of  my  com 
ing  here"  were  the  first  words  that  he  said.  He  then  went  on 
that  he  had  brought  his  Secretary  of  War  with  him  to  give 
every  necessary  information  ;  that  the  Secretary  knew  all 
about  the  business,  and  yet  he  was  delayed  and  could  not  go 
on  with  the  matter.  He  cooled,  however,  by  degrees.  Said 
he  had  no  objection  to  putting  off  this  matter  until  Monday, 
but  declared  he  did  not  understand  the  matter  of  commitment. 
He  might  be  delayed  ;  he  could  not  tell  how  long.  He  rose  a 
second  time,  and  said  he  had  no  objection  to  postponement 
until  Monday  at  ten  o'clock.  By  the  looks  of  the  Senate  this 
seemed  agreed  to.  A  pause  for  some  time  ensued.  We  waited 
for  him  to  withdraw.  He  did  so  with  a  discontented  air.  Had 
it  been  any  other  man  than  the  man  whom  I  wish  to  regard  as 
the  first  character  in  the  world,  I  would  have  said,  with  sullen 
dignity. 

I  can  not  now  be  mistaken.  The  President  wishes  to  tread 
on  the  necks  of  the  Senate.  Commitment  will  bring  the  mat 
ter  to  discussion,  at  least  in  the  committee,  where  he  is  not 
present.  He  wishes  us  to  see  with  the  eyes  and  hear  with  the 
ears  of  his  Secretary  only.  The  Secretary  to  advance  the 
premises,  the  President  to  draw  the  conclusions,  and  to  bear 
down  our  deliberations  with  his  personal  authority  and  pres-' 
ence.  Form  only  will  be  left  to  us.  This  will  not  do  with 
Americans.  But  let  the  matter  work  ;  it  will  soon  cure  itself. 

August  24tk,  Monday. — The  Senate  met.  The  President 
of  the  United  States  soon  took  his  seat,  and  the  business  began. 
The  President  wore  a  different  aspect  from  what  he  did  Sat. 
urday.  He  was  placid  and  serene,  and  manifested  a  spirit  of 


132  INDIAN  TREATIES.  [1789 

accommodation  ;  declared  his  consent  that  his  questions  should 
be  amended.  A  tedious  debate  took  place  on  the  third  article. 
I  was  called  on  by  Mr.  Lee,  of  Virginia,  to  state  something 
respecting  the  treaty  held  by  Pennsylvania.  This  brought  me 
up.  I  did  not  speak  long,  but  endeavored  to  be  as  pointed  as 
possible.  The  third  article  consisted  of  two  questions.  The 
first  I  was  for.  I  disliked  the  second,  but  both  were  carried. 
The  fourth  article  consisted  of  sundry  questions.  I  moved 
pointedly  for  a  division.  Got  it.  Yoted  for  the  first  and  op 
posed  the  second  part.  A  long  debate  ensued,  which  was 
likely  to  end  only  in  words.  I  moved  to  have  the  words  "  in 
failure  thereof  by  the  United  States  "  struck  out,  and,  although 
Els  worth,  Wyngate,  and  Dalton  had  spoken  on  the  same  side 
with  me,  yet  I  was  not  seconded.  My  colleague  had  in  pri 
vate  declared  himself  of  my  opinion  also.  It  was  an  engage 
ment  that  the  United  States  would  pay  the  stipulated  purchase 
money  for  Georgia  in  case  Georgia  did  not.  The  arguments  I 
used  on  this  subject  were  so  plain  I  need  not  set  them  down. 
Yet  a  shamefacedness,  or  I  know  not  what,  flowing  from  the 
presence  of  the  President,  kept  everybody  silent. 

The  next  clause  was  for  a  free  port  on  the  Altamaha  or 
Saint  Mary's  River.  This  produced  some  debate,  and  the 
President  proposed  "  secure  "  port  in  place  of  "  free  "  port. 
Agreed  to.  Kow  followed  something  of  giving  the  Indians 
commissions  on  their  taking  the  oaths  to  Government.  It  was 
a  silly  affair,  but  it  was  carried  without  any  debate.  Now  fol 
lowed  a  clause  whether  the  cession  of  lands  should  be  made  an 
ultimatum  with  the  Creeks.  There  was  an  alternative  in  case 
should  this  be  negatived  ;  but,  strange  to  tell,  the  Senate  nega 
tived  both,  when  it  was  plain  one  only  should  have  been  so. 
A  boundary  was  named  by  a  following  clause  which  the  com 
missioners  were  to  adhere  to.  Money  and  honorary  commis- 
'sions  were  to  be  given  to  the  Indians.  The  old  treaties  with 
the  Creeks,  Choctaws,  and  Chickasaws  were  made  the  basis 
of  future  treaty,  though  none  of  them  were  read  to  us  nor 
a  single  principle  of  them  explained  (but  it  was  late).  The 
twenty  thousand  dollars  applied  to  this  treaty,  if  necessary. 
This  closed  the  business.  The  President  of  the  United  States 
withdrew,  and  the  Senate  adjourned. 


AUGUST  24]  INVITATION  TO   DINNER.  133 

I  told  Mr.  Morris,  on  Saturday,  that  I  would  get  a  copy  of 
the  queries  or  articles  to  be  answered  to,  and  call  on  him,  that 
we  might  make  up  our  minds.  He  appointed  this  morning, 
and  I  called  accordingly.  We  talked  and  talked,  but  con 
cluded  nothing.  I  have  several  times  called  on  him  for  similar 
purpose,  and  thus  always  the  matter  has  ended. 

Just  as  the  Senate  had  fairly  entered  on  business,  I  was 
called  out  by  the  doorkeeper  to  speak  to  Colonel  Humphreys. 
It  was  to  invite  me  to  dinner  with  the  President,  on  Thurs 
day  next,  at  four  o'clock.  I  really  was  surprised  at  the  invita 
tion.  It  will  be  my  duty  to  go  ;  however,  I  will  make  no  in 
ferences  whatever.  I  am  convinced  all  the  dinners  he  can  now 
give  or  ever  could  will  make  no  difference  in  my  conduct. 
Perhaps  he  knew  not  of  my  being  in  town ;  perhaps  he  has 
changed  his  mind  of  me.  I  was  long  enough  in  town,  how 
ever,  before  my  going  home.  It  is  a  thing  of  course,  and  of 
no  consequence  ;  nor  shall  it  have  any  with  me. 


134         THE  PERMANENT  RESIDENCE  OF  CONGRESS.        [1789 


CHAPTEE  IV. 

ON   THE    PERMANENT   RESIDENCE    OF   CONGRESS. 

August  25tk,  Tuesday. — Attended  at  the  usual  hour.  On 
Saturday  I  had  proposed  to  Mr.  Morris  to  bring  forward  all 
the  places  which  had  been  mentioned  for  the  permanent  resi 
dence  of  Congress,  at  one  time.  lie  answered  rather  roughly  : 
"Let  those  that  are  fond  of  them  bring  them  forward  ;  I  will 
bring  forward  the  Falls  of  the  Delaware"  Accordingly,  al 
though  the  President  was  every  moment  looked  for,  he  pre 
sented  the  draught'  of  the  Falls  to  the  Chair.  Yesterday  I 
could  do  nothing,  for  the  attendance  of  the  President.  This 
morning,  however,  I  took  the  first  opportunity,  and  presented 
the  draught  with  the  description  of  Lancaster.  I  nominated 
Wright's  Ferry,  Yorktown,  Carlisle,  Harrisburg,  Reading,  and 
Germantown,  giving  a  short  description  of  each.  After  this, 
the  Coasting  bill  was  taken  up  and  read  the  third  time.  Then 
the  resolution  for  adjourning  the  22d  of  September.  A  debate 
ensued,  but  was  carried  ;  after  this  the  amendments  to  the  Con 
stitution  sent  from  the  House  of  Representatives.  They  were 
treated  contemptuously  by  Izard,  Langdon,  and  Mr.  Morris. 
Izard  moved  that  they  should  be  postponed  till  next  session. 
Langdon  seconded,  and  Mr.  Morris  got  up  and  spoke  angrily 
but  not  well.  They,  however,  lost  their  motion,  and  Monday 
was  assigned  for  taking  them  up.  I  could  not  help  observing 
the  six  year-class  [of  Senators]  hung  together  on  this  business, 
or  the  most  of  them. 

Now  came  the  Compensation  bill.  I  moved  the  wages  to 
be  five  dollars  per  day.  I  was  seconded  by  Elmer ;  but  on  the 
question  only  he,  Wyngate,  and  myself  rose.  Mr.  Morris 
almost  raged,  and  in  his  reply  to  me  said  he  cared  not  for  the 


AUGUST  26]  SALARIES  OP  SENATORS.  135 

arts  people  used  to  ingratiate  themselves  with  the  public.  In 
reply  I  answered  that  I  had  avowed  all  'my  motives.  I  knew 
the  public  mind  was  discontented.  I  thought  it  our  duty  to 
attend  to  the  voice  of  the  public.  I  had  been  informed  that 
the  average  of  the  wages  of  the  old  members  of  Congress  was 
a  little  better  than  five  dollars  per  diem.  I  wished  to  establish 
this  as  a  principle.  I  would  then  have  data  to  fix  a  price  on, 
as  the  old  wages  were  never  complained  of.  Morris,  Izard, 
and  Butler  were  in  a  violent  chaff.  Mr.  Morris  moved  that 
the  pay  of  the  Senators  should  be  eight  dollars  per  day. 

Up  now  rose  Izard ;  said  that  the  members  of  the  Senate 
went  to  boarding-houses,  lodged  in  holes  and  corners,  associ 
ated  with  improper  company,  and  conversed  improperly,  so  as 
to  lower  their  dignity  and  character ;  that  the  delegates  from 
South  Carolina  used  to  have  £600  per  year,  and  could  live  like 
gentlemen,  etc.  Butler  rose ;  said  a  great  deal  of  stuff  of  the 
same  kind  ;  that  a  member  of  the  Senate  should  not  only  have 
a  handsome  income,  but  should  spend  it  all.  lie  was  happy 
enough  to  look  down  on  these  things ;  he  could  despise  them, 
but  it  was  scandalous  for  a  member  of  Congress  to  take  any  of 
his  wages  home  ;  he  should  rather  give  it  to  the  poor,  etc. 
Mr.  Morris  likewise  paid  himself  some  compliments  on  his 
manner  and  conduct  in  life,  his  disregard  of  money,  and  the 
little  respect  he  paid  to  the  common  opinions  of  people.  Mr. 
King  got  up,  said  the  matter  seemed  of  a  delicate  nature,  and 
moved  for  a  committee  to  whom  the  bill  might  be  referred. 
This  obtained,  and  a  committee  of  five  were  appointed.  By 
the  complexion  of  the  committee  it  would  seem  the  Senate 
want  their  wages  enlarged.  I  answered  Mr.  Morris  in  a  way 
that  gave  him  a  bone  to  chaw,  but  I  believe  it  is  as  well  forgot. 

August  26th. — Attended  the  Senate.  The  minutes  were 
lengthy,  but  I  was  surprised  to  find  no  notice  taken  of  my 
presenting  the  draft  of  Lancaster,  the  letter,  and  my  nomina 
tion  of  the  other  places  in  Pennsylvania,  although  I  had  put 
in  writing  the  whole  matter  and  given  it  to  the  Secretary. 
When  he  had  read  about  half-way  of  his  minutes,  I  rose  and 
called  on  him  to  know  why  he  had  not  inserted  them.  He 
said  he  was  not  come  to  them,  but  seemed  much  confused. 
He,  however,  got  the  letter  and  handed  it  to  the  Vice-Presi- 


136  OTIS  GARBLES  THE  MINUTES.  [1789 

dent,  and  it  was  read.  After  this  the  nomination  was  read, 
and  Butler  opposed  their  being  put  on  the  minutes ;  I,  how 
ever,  had  a  vote  for  their  going  on.  Mr.  Morris  was  all  this 
while  out.  He  was  of  the  committee  on  the  Compensation 
bill.  When  he  came  in,  Otis,  the  Secretary,  came  to  him  and 
whispered  something  to  him  God  forgive  me  if  I  heard 
wrong  or  apprehended  wrong,  but  I  thought  he  said,  "  Maclay 
has  got  that  put  on  the  minutes."  Mr.  Morris  went  out  and 
stayed  out  until  Senate  adjourned,  leaving  his  hat  and  stick 
(perhaps  he  was  writing  letters  in  the  adjoining  room).  He 
called  in  as  the  Senate  rose,  and  seemed  unwilling  to  leave  me 
in  the  room  with  Otis.  I  went  with  him  to  the  door,  but  re 
turned  and  spoke  to  Otis.  All  this  is,  perhaps,  the  effect  of 
over-observation  ;  I,  however,  care  not. 

The  penal  law  was  taken  up.  Elsworth  had  a  string  of 
amendments.  For  a  while  he  was  listened  to,  but  he  wrought 
himself  so  deep  in  his  niceties  and  distinctions  as  to  be  abso 
lutely  incomprehensible.  He  fairly  tired  the  Senate,  and  was 
laughed  at.  I  think  he  may  well  be  styled  the  "  Endless  Els- 
worth."  I  forgot  to  minute  yesterday  that  the  Treasury  bill 
was  taken  up.  A  number  of  the  Senate  had  recanted  again 
on  this  bill,  and  were  against  the  power  of  the  President's  re 
moving,  and  had  answered  accordingly.  The  House  of  Rep 
resentatives  sent  us  up  an  adherence,  and  now  Mr.  Morris 
proposed  to  me  to  leave  the  House.  I  would  neither  do  this 
nor  change  my  mind,  and  he  was  angry.  This  was  before  we 
had  the  difference  on  the  Compensation  bill. 

Last  night  there  was  a  meeting  of  the  Pennsylvania  dele 
gation  on  the  subject  of  fixing  the  permanent  residence.  There 
was  little  of  consequence  said.  They  mentioned  their  former 
agreement  to  vote  for  every  place  that  should  be  nominated  in 
Pennsylvania.  Clymer  said  some  things  that  savored  more  of 
independence  than  any  of  them.  Mr.  Scott  declared  he  would 
put  himself  entirely  in  their  hands,  and  move  anything  that 
should  be  agreed  upon.  Mr.  Clymer  declared  for  the  Poto 
mac  rather  than  stay  here.  I  understood  him  that  he  thought 
this  politically  right.  Fitzsimons  and  the  Speaker  seemed  to 
second  everything  that  Mr.  Morris  said.  Hartley  was  for 
Susquehanna  and  Yorktown.  But,  indeed,  I  think  the  whole 


AUGUST  27]  DINNER  WITH. THE   PRESIDENT.  137 

measure  likely  to  be  abortive.  They  have  brought  the  whole 
matter  forward,  but  have  no  system.  I  saw  this,  but  did  not 
hazard  a  single  sentiment  on  the  subject ;  indeed,  I  could  not 
without  implying  some  kind  of  censure.  I  called  this  morning 
and  endeavored  to  put  Mr.  Scott  on  tenable  ground  on  the  affair 
of  removal,  and  left  him  in  a  proper  way  of  thinking ;  at  least,  if 
he  should  be  defeated,  to  advance  nothing  but  what  is  defensible. 

August  27th,  Thursday. — The  business  in  the  Senate  was 
the  third  reading  of  the  Penal  bill.  We  had  but  little  debate 
until  we  came  to  a  clause  making  it  highly  criminal  to  defame 
a  foreign  Minister.  Here  Izard,  King,  and  Johnson  made  a 
great  noise  for  the  paragraph.  Mr.  Adams  could  not  sit  still 
in  his  chair.  It  was  a  subject  of  etiquette  and  ceremony.  Two 
or  three  times  did  his  impatience  raise  him  to  talk  in  a  most 
trifling  manner.  However,  it  did  not  avail ;  the  paragraph 
was  lost. 

Mr.  Morris  could  not  sit  one  moment  with  us  (the  subject 
of  the  permanent  residence  was  in  agitation  in  the  other 
House).  To  tell  the  truth,  Mr.  Morris'  whole  attention  seems 
bent  to  one  object,  to  get  the  Federal  residence  to  Trenton. 
Mr.  Scott  (agreeable  to  what  had  been  settled  this  morning) 
brought  in  a  motion  to  the  following  effect :  "  That  a  place 
ought  to  be  fixed  for  the  permanent  residence  of  the  General 
Government  as  near  the  center  of  population,  wealth,  and  ex 
tent  of  territory  as  is  consistent  with  the  convenience  of  the 
Atlantic  navigation,  having  also  due  regard  to  the  Western 
Territory  "  ;  and  concluded  that  Thursday  next  be  assigned  for 
taking  it  up.  This  was  carried. 

Senate  adjourned  early.  At  a  little  after  four  I  called  on 
Mr.  Bassett,  of  the  Delaware  State.  We  went  to  the  Presi 
dent's  to  dinner.  The  company  were :  President  and  Mrs. 
Washington,  Yice-President  and  Mrs.  Adams,  the  Governor 
and  his  wife,  Mr.  Jay  and  wife,  Mr.  Langdon  and  wife,  Mr. 
Dalton  and  a  lady  (perhaps  his  wife),  and  a  Mr.  Smith,  Mr. 
Bassett,  myself,  Lear,  Lewis,  the  President's  two  secretaries. 
The  President  and  Mrs.  Washington  sat  opposite  each  other 
in  the  middle  of  the  table ;  the  two  secretaries,  one  at  each 
end.  It  was  a  great  dinner,  and  the  best  of  the  kind  I  ever 
was  at.  The  room,  however,  was  disagreeably  warm. 


138  DINNER  WITH  THE  PRESIDENT.  [1789 

First  was  the  soup ;  fish  roasted  and  boiled ;  meats,  gam 
mon,  fowls,  etc.  This  was  the  dinner.  The  middle  of  the 
table  was  garnished  in  the  usual  tasty  way,  with  small  images, 
flowers  (artificial),  etc.  The  dessert  was,  first  apple-pies,  pud 
ding,  etc. ;  then  iced  creams,  jellies,  etc.  ;  then  water-melons, 
musk-melons,  apples,  peaches,  nuts. 

It  was  the  most  solemn  dinner  ever  I  sat  at.  ~Not  a  health 
drank ;  scarce  a  word  said  until  the  cloth  was  taken  away. 
Then  the  President,  filling  a  glass  of  wine,  with  great  formal 
ity  drank  to  the  health  of  every  individual  by  name  round  the 
table.  Everybody  imitated  him,  charged  glasses,  and  such  a 
buzz  of  "  health,  sir,"  and  "  health,  madam,"  and  "  thank  you, 
sir,"  and  u  thank  you,  madam,"  never  had  I  heard  before.  In 
deed,  I  had  liked  to  have  been  thrown  out  in  the  hurry ;  but 
I  got  a  little  wine  in  my  glass,  and  passed  the  ceremony.  The 
ladies  sat  a  good  while,  and  the  bottles  passed  about ;  but  there 
was  a  dead  silence  almost.  Mrs.  Washington  at  last  withdrew 
with  the  ladies. 

I  expected  the  men  would  now  begin,  but  the  same  stillness 
remained.  The  President  told  of  a  New  England  clergyman 
who  had  lost  a  hat  and  wig  in  passing  a  river  called  the  Brunks. 
He  smiled,  and  everybody  else  laughed.  He  now  ancl  then 
said  a  sentence  or  two  on  some  common  subject,  and  what  he 
said  was  not  amiss.  Mr.  Jay  tried  to  make  a  laugh  by  men 
tionmg  the  circumstance  of  the  Duchess  of  Devonshire  leav 
ing  no  stone  unturned  to  carry  Fox's  election.  There  was  a 
Mr.  Smith,  who  mentioned  how  Homer  described  ^Eneas  leav 
ing  his  wife  and  carrying  his  father  out  of  flaming  Troy.  He 
had  heard  somebody  (I  suppose)  witty  on  the  occasion ;  but  if 
he  had  ever  read  it  he  would  have  said  Viryil.  The  Presi 
dent  kept  a  fork  in  his  hand,  when  the  cloth  was  taken  away, 
I  thought  for  the  purpose  of  picking  nuts.  He  ate  no  nuts, 
however,  but  played  with  the  fork,  striking  on  the  edge  of  the 
table  with  it.  We  did  not  sit  long  after  the  ladies  retired. 
The  President  rose,  went  up-stairs  to  drink  coffee ;  the  com 
pany  followed.  I  took  my  hat  and  came  home. 

U August  28tk. — There  was  a  meeting  of  the  Pennsylvania 
delegation  at  the  lodgings  of  Mr.  Clymer  and  Mr.  Fitzsimons. 
I  did  not  hear  of  it  until  I  came  to  the  Hall ;  but  I  hastened 


AUGUST  28]          WORKING  FOR  THE  RESIDENCE.  139 

there.  The  Chief  Justice  of  Pennsylvania  and  Mr.  Pettitt 
attended  with  a  memorial  from  the  public  creditors.  Their 
business  was  soon  done,  as  we  promised  to  present  it  in  both 
Houses.  But  it  seems  there  was  a  further  design  in  this  meet 
ing.  Mr.  Morris,  attended  to  deliver  proposals  from  Mr.  Ham 
ilton  on  the  part  of  the  New  England  men,  etc.  Now,  after 
the  Eastern  members  have  in  the  basest  manner  deserted  the 
Pennsylvanians,  they  would  come  forward  with  proposals 
through  Mr.  Hamilton.  This  same  Mr.  Morris  is  as  easily 
duped  as  another. 

I  spoke  early,  and  declared  that  now  the  New  England  men 
find  their  deceitf  ulness  has  not  availed  them,  and  yet  they  wish 
to  try  their  arts  a  second  time  ;  that  their  only  view  was  to  get 
a  negotiation  on  foot  between  them  and  the  Pennsylvanians 
that  they  might  break  the  connection  that  is  begun  between  the 
Pennsylvanians  and  the  Southern  people.  I  was  extremely 
happy  to  find  this  sentiment  pervade  the  Pennsylvanians.  Mr. 
Morris  labored  in  vain,  and  his  chagrin  was  visible.  We  came 
for  the  Hall.  In  coming  up  Broad  Street,  Mr.  Morris  declared 
he  would  oppose  the  Susquehanna  as  the  permanent  residence, 
for  it  was  unfavorable  to  commerce.  He  observed  me,  and 
added,  as  far  as  he  could  consistent  with  the  engagements  he 
had  come  under  to  the  delegation.  I  need  no  such  declaration 
of  his  to  fix  my  opinion  of  his  conduct ;  he  has  had  no  other 
object  in  view  but  the  Falls  of  the  Delaware  since  he  has  been 
Senator  ;  at  least,  this  has  been  his  governing  object. 

Attended  at  the  Hall.  And  now  the  report  of  the  commit 
tee  on  the  Compensation  bill  was  taken  up.  As  I  knew  there 
was  a  dead  majority  against  everything  I  could  propose,  I 
had  determined  not  to  say  a  word ;  but  flesh  and  blood  could 
not  bear  them.  The  doctrine  seemed  to  be  that  all  worth  was 
wealth,  and  all  dignity  of  character  consisted  in  expensive  liv 
ing.  Izard,  Butler,  King,  Morris,  led  boldly.  They  were  fol 
lowed  by  the  bulk  of  the  Senate,  at  least  in  the  way  of  voting. 
Mr.  Carrol,  of  Maryknd,  though  the  richest  man  in  the  Union, 
was  not  with  them.  I  did  not  speak  long,  and,  enraged  as  I 
was  at  such  doctrines,  I  am  sure  I  did  not  speak  well.  I  en 
deavored  to  show  what  the  true  dignity  of  character  of  indi 
viduals  consisted  in ;  as  well  as  of  the  assembled  Senate.  And 


140    SALARIES  OF  SENATORS  AND  REPRESENTATIVES.  [1789 

then,  turning,  showed  that  extravagant  expense,  haughty  and 
distant  carnage,  with  contemptuous  behavior  to  the  mass  of 
mankind,  had  a  direct  contrary  effect ;  that,  in  short,  mankind 
were  not  esteemed  in  the  ratio  of  their  wealth,  and  that  it  was 
in  vain  for  the  Senate  to  attempt  acquiring  dignity  or  conse 
quence  in  that  way ;  that  I  was  totally  against  all  discrimina 
tion  ;  *  that  we  were  all  equally  servants  of  the  public ;  that  if 
there  really  was  any  difference  in  dignity,  as  some  contended, 
it  could  not  be  increased  by  any  act  or  assumption  of  ours — it 
must  be  derived  from  the  Constitution,  which  afforded,  in  my 
opinion,  no  authority  for  such  distinction. 

Elsworth  seemed  to  aim  at  a  kind  of  middle  course ;  said 
he  agreed  there  was  a  difference  in  dignity,  etc.,  but  at  present 
was  against  any  difference  in  pay.  Mr.  Adams  was  too  impa 
tient  to  keep  his  seat.  Dignities,  distinctions,  titles,  etc.,  are 
his  hobby-horses,  and  the  creature  must  ride.  Three  times  did 
he  interrupt  Elsworth.  Asked  him  if  the  dignity  of  the  Sen 
ate  was  to  be  settled  by  the  people  ?  If  the  old  Congress  had 
not  degenerated  for  want  of  sufficient  pay  ?  When  Elsworth 
said  the  House  of  Lords  in  Britain  had  no  pay,  he  [Adams] 
hastily  rose  and  said  a  seat  in  the  House  of  Lords  was  worth 
£60,000  sterling,  per  annum.  Elsworth  laid  a  trap  for  him 
self. 

Up  rose  Izard,  Lee,  and  others,  and  called  for  the  sense  of 
the  House  on  the  principle  whether  there  should  be  a  discrimi 
nation  or  not.  It  was  in  vain  to  urge  that  this  was  out  of 
order.  Lee  said  it  was  a  division  of  the  clause.  I  mentioned 
that  if  they  must  have  such  a  question  they  should  move  a 
postponement.  It  was  in  vain,  either  way  they  would  have 
this  question,  which  wras  a  leading  one.  Elsworth  and  sundry 
others,  who  had  occasionally  hinted  something  of  the  superior 
standing  of  the  Senate,  voted  with  it.  The  yeas  and  nays 
were  called.  Mr.  Elsworth  now  took  the  back  scent.  He  had 
voted  for  a  discrimination,  but  had  repeatedly,  in  his  former 
arguments,  mentioned  six  dollars  as  enough  for  the  Senate. 
To  be  consistent,  he  moved  the  pay  of  the  Representatives 
should  be  five  dollars,  and  mentioned  my  principle  of  an  aver- 

*  Meaning  between  the  Senators  and  Representatives  as  to  pay. 


AUGUST  28]    WILLIAM   MACLAY  FOR  LOW  SALARIES.  141 

age  of  the  pay  which,  he  said,  applied  well  to  the  Representa- 
tives.  I  rose  and  mentioned  that  this  was  the  sum  I  aimed  at 
for  both  Houses ;  but  if  this  was  carried  and  the  Senate  stood 
at  six  [dollars],  we  who  had  voted  against  a  discrimination,  if 
there  wTas  no  division  of  the  House,  might  stand  in  an  odd 
light  on  the  minutes.  There  was  really  nothing  of  consequence 
in  the  last  observation,  and  it  wTas  not  very  well  founded ;  but 
when  the  question  on  the  five  dollars  wTas  taken  and  lost,  King 
and  sundry  others  called  for  the  yeas  and  nays  with  an  avidity 
that  I  had  never  observed  before.  I  voted  against  the  clause, 
as  I  did  against  every  other  clause  of  the  bill. 

When  the  pay  of  the  Senators  came  forward  in  the  next 
clause  at  six  dollars,  I  rose  and  declared  I  did  not  wish  to  de 
tain  the  Senate,  but  I  had  voted  against  a  discrimination  when 
the  yeas  and  nays  were  taken.  I  had  voted  a  pay  of  five  dol 
lars  per  day  to  the  Representatives.  This,  in  my  opinion,  was 
sufficient  pay  for  the  members  of  either  House.  The  yeas  and 
nays  were  likewise  taken  on  this  question.  I  therefore  moved 
that  six  dollars  should  be  struck  out  and  five  inserted,  and  con 
cluded  that  there  would  be  consistency  in  my  votes.  I  had 
voted  no  discrimination ;  I  had  voted  for  five  dollars  to  the 
Representatives  ;  I  now  wished  to  have  my  vote  for  five  dollars 
to  the  Senators  on  the  minutes. 

Such  a  storm  of  abuse  never,  perhaps,  fell  on  any  member. 
"  It  was  nonsense,  stupidity."  "  It  was  a  misfortune  to  have 
men  void  of  understanding  in  the  House."  Izard,  King,  and 
Mr.  Morris  said  every  rude  thing  they  could.  I  did  not  retort 
their  abuse,  but  still  explained  the  consistency  of  my  motion. 
I  stood  the  rage  and  insult  of  the  bulk  of  the  House,  for  what 
appeared  to  me  an  hour  and  a  half,  but  it  was  not  half  so  much 
perhaps.  Izard  was  most  vehement  that  no  such  motion  should 
be  admitted.  It  was  foolish  ;  it  was  nonsense  ;  it  was  against 
all  rule,  etc.  And  all  this,  although  there  never  was  a  fairer 
or  plainer  motion  before  the  House.  It  was  in  vain  that  I  de 
clared  I  did  not  begin  the  business  of  the  yeas  and  nays.  It 
was  in  vain  that  I  offered  to  withdraw  the  present  motion  if 
all  the  yeas  and  nays  were  taken  off  [the  minutes].  Izard 
moved  for  the  previous  question.  He  was  replied  to  that  this 
would  not  smother  the  motion.  When  abuse  and  insult  would 


142  CABALLING   FOR  THE  RESIDENCE.  [1789 

not  do,  then  followed  entreaty.  We  adhered  to  the  motion, 
and  had  the  yeas  and  nays.  General  Schnyler  joined  us,  so 
that  we  had  four.  Now  some  other  business  was  done  ;  it  was 
past  four  o'clock,  and  we  adjourned. 

It  is  the  agreement  of  the  world  that  dreams  are  perfectly 
idle,  but  I  can  not  help  remembering  that  all  last  night  I  was 
perplexed  in  my  sleep  with  angry  ideas  and  fretful  omens. 
Unluckily,  these  preadmonitions,  if  they  are  such,  never  act  as 
preventives  with  me. 

August  29,  1789. — The  House  having  adjourned  over  to 
Monday,  I  had  nothing  to  dp.  I  felt  myself  worse  of  my  com 
plaint  ;  both  knees  swelled  with  the  rheumatism.  I,  however, 
wished  to  see  the  Pennsylvania  Representatives,  and  went  to 
the  Hall.  I  saw  Hartley,  and  exhorted  him  against  entering 
into  any  cabal  with  regard  to  the  residence  ;  that  the  line  was 
now  marked  out,  and  the  principles  laid  down  for  fixing  the 
Federal  residence  were  broad,  open,  and  honorable,  such  as 
any  man  might  avow,  and,  above  all,  cautioned  him  to  beware 
of  the  arts  and  devices  of  the  New  England  men.  He  took  it 
kindly,  but  did  not  seem  to  stand  in  need  of  any  such  caution. 
A  moment  after  I  met  Mr.  Smith,  of  Maryland.  He  had  a 
terrible  story,  and  from  the  most  undoubted  authority.  A 
contract  was  entered  into  by  the  Virginians  and  Pennsylvanians 
to  fix  the  permanent  residence  on  the  Potomac,  right  or  wrong, 
and  the  temporary  residence  was  to  be  in  Philadelphia ;  and 
Clymer  and  Fitzsimons  were  gone  to  Philadelphia  to  recon 
cile  the  citizens  of  that  place  to  it.  I  answered,  I  knew  noth 
ing  of  all  this.  I  doubted  it.  I  really  do  not  believe  it.  So 
far  as  respects  myself,  if  I  am  considered  as  included,  I  knew 
it  to  be  false.  He  adhered  to  it  with  a  firmness  that  surprised 
me.  I  called  on  almost  all  the  Pennsylvanians  during  the  day, 
and  informed  them  of  the  tale.  They  all  disowned  every  com 
munication  whatever  in  the  way  of  a  contract  with  the  repre 
sentation  of  any  State.  I  called  on  Mr.  Smith  in  the  evening ; 
told  him  he  must  be  misinformed.  He  declared  he  had  it 
through  one  person  only — from  one  of  the  Pennsylvanians 
themselves.  He,  however,  would  give  no  names.  I  told  him, 
be  that  as  it  might,  I  believed  the  matter  to  be  groundless.  He 
seemed  afraid  that  I  would  suspect  Mr.  Morris,  but  did  not 


AUGUST  31]  "  ROUGH,  RUDE  MANNERS."  143 

acquit  him  of  it.  I  left  him,  having  paid  more  attention  to 
this  business  than  perhaps  it  merited. 

Had  a  card  to  dine  with  the  Yice-President  on  Friday. 
Excused  myself  on  account  of  my  health. 

On  motion  to  amend  the  report  as  it  regards  the  pay  of  the 
Senators  by  striking  out  six  dollars  and  inserting  five  dollars. 
Passed  in  the  negative.  I  know  what  a  wretch  Otis  is.  I 
therefore  called  on  him  to  see  how  he  had  made  up  the  minutes 
of  yesterday  on  the  three  sets  of  yeas  and  nays.  All  was  right. 
I  thought  this  necessary. 

I  am  not  well  in  health,  but  this  is  not  all.  I  have  a  heavy 
kind  of  melancholy  hang  on  me,  as  if  I  was  disgusted  with  the 
world.  I  do  not  know  that ;  with  the  Senate  I  am  certainly 
disgusted.  I  carne  here  expecting  every  man  to  act  the  part 
of  a  god ;  that  the  most  delicate  honor,  the  most  exalted  wis 
dom,  the  most  refined  generosity,  was  to  govern  every  act  and 
be  seen  in  every  deed.  What  must  my  feelings  be  on  finding 
rough  and  rude  manners,  glaring  folly,  and  the  basest  selfish 
ness  apparent  in  almost  every  public  transaction !  They  are 
not  always  successful,  it  is  true ;  but  is  it  not  dreadful  to  find 
them  in  such  a  place  ? 

August  30th. — Being  Sunday,  found  myself  really  ill  and 
a  fever  on  me.  Was  ill  all  last  night.  I  had  an  invitation  to 
dine  with  the  Speaker,  but  was  obliged  to  decline  it.  Stayed 
at  home  all  day  and  wrote  to  my  dear  family.  Was  not  able 
to  venture  out ;  was  worse  after  dinner  and  had  to  go  to  bed. 
Had  a  sleep  and  a  gentle  sweat,  and  found  myself  something 
better  after  it. 

A  ugust  31st. — Found  myself  very  ill  this  morning ;  a  most 
acute  pain  settled  in  my  left  hip.  I,  however,  dressed  and 
went  to  the  Hall.  After  what  had  passed  with  Otis,  notwith 
standing  I  before  knew  him  to  be  a  villain,  I  scarce  could  sus 
pect  him  of  practicing  anything  now.  When  [in  reading  the 
minutes]  he  came  to  the  motion,  however,  he  read  it,  "  That 
the  pay  of  the  Senators  should  be  five  dollars  and  that  the  pay 
of  the  Representatives  should  be  six."  I  heard  him  with 
astonishment,  but  there  was  no  time  to  be  lost.  I  moved  the 
necessary  alteration  and  had  it  inserted.  Izard  attempted  to 
support  the  Secretary.  I  stayed  awhile,  but  found  myself  too 


144  THE  FURNITURE  OF  A  COURT.  [1789 

sick  to  attend.  I  came  out  of  a  window  and  found  Otis  in  the 
corner  room.  I  called  on  him  to  explain  this  business.  He 
hummed,  hawed ;  said  his  memory  was  bad.  I  put  him  in 
mind  of  my  having  called  on  him  Saturday,  and  that  it  then 
stood  right.  I  made  him,  however,  copy  it  on  a  piece  of  pa 
per.  He  said  it  was  so  in  the  other  book ;  went  to  fetch  it, 
but  did  not  return. 

Sick  and  came  home. 

September  1st. — Exceedingly  ill,  with  a  settled  and  acute 
pain  in  my  loins,  particularly  on  my  left  side  or  hip.  Dressed, 
however,  and  went  to  the  Hall.  The  Salary  bill  was  taken  up. 
There  seemed  a  disposition  in  a  number  of  the  Senators  to  give 
princely  incomes  to  all  the  Federal  officers.  I  really  was  aston 
ished.  Can  it  be  that  they  wish  to  surround  the  President 
with  a  set  of  lordly  and  pompous  officers,  and  thus  having  pro 
vided  the  furniture  of  a  court,  nothing  but  the  name  of  majesty, 
highness,  or  some  such  title  will  be  wanted  to  step  into  all  the 
forms  of  royalty  ?  My  honorable  colleague  seemed  particu 
larly  attached  to  all  the  officers  of  the  Treasury.  He  either 
moved  or  seconded  motions  for  augmenting  the  salaries  of 
every  one  of  them.  I  can  not,  however,  blame  him  in  par 
ticular.  He  was  more  decent  than  many  of  them.  The  avowed 
object  of  these  proposed  augmentations  was  to  enable  the  offi 
cers  to  live  in  style,  to  keep  public  tables,  etc. 

I  was  not  able  to  rise  against  this  principle,  but  Mr.  Els- 
worth  and  others  did  the  subject  justice.  I  found  the  parties 
so  nearly  balanced  that  my  vote  generally  decided  in  favor  of 
the  lowest  sum.  This  made  me  sit  in  extreme  pain  until  we 
got  over  the  bill.  I  then  withdrew,  and  it  was  really  with 
difficulty  that  I  got  to  my  lodging.  Almost  every  motion  for 
increasing  the  salaries  was  accompanied  with  a  declaration  how 
vastly  the  salary  was  below  the  dignity  of  the  office,  and  that 
they  moved  such  small  additions,  despairing  of  obtaining 
greater  from  the  House.  The  citizens  of  New  York,  where  it 
is  expected  their  salaries  will  be  spent  (and,  I  really  believe, 
the  candidates  themselves),  are  busy,  and  perhaps  others  too, 
who  expect  favors  from  the  officers. 

September  2d. — It  is  vain  ;  pain  and  sickness  is  my  lot.  I 
can  not  attend  the  Hall.  Mr.  Morris  called  late  in  the  evening. 


SEPT.  2]  SCHISM  IN  THE  PENNSYLVANIANS.  145 

By  him  I  find  advantage  was  taken  of  my  absence,  and  a  recon 
sideration  was  moved  and  an  addition  carried  to  some  of  the 
salaries.  Bonny  Johney  Adams  giving  the  casting  vote.  The 
moderate  part  of  the  House  exclaimed  violently  against  the 
taking  of  this  advantage  of  my  absence,  and  obtained  a  post 
ponement  of  the  bill  until  to-morrow;  but,  alas,  I  can  not 
attend  if  the  whole  Union  were  at  stake.  I  lie  here  fixed  with 
so  acute  a  pain  through  my  loins  that  I  can  not  move  more 
than  if  I  were  impaled. 

To  give  me  any  information  on  this  subject  was  not,  how 
ever,  Mr.  Morris'  object.  .There  has  been  a  violent  schism 
between  him  and  the  Pennsylvania  delegation,  or  at  least  a 
part  of  them.  He  begged  leave  to  give  me  the  whole  detail 
of  it.  It  was  long,  containing  the  first  engagements  at  the 
City  Tavern — viz.,  that  whatever  place  (for  residence  of  Con 
gress)  in  Pennsylvania  the  New  England  men  should  name, 
the  Pennsylvanians  should  vote  for  it ;  that  every  place  named 
in  Pennsylvania  should  be  voted  for  by  the  whole  delegation. 
These  things  I  knew  not,  they  having  been  transacted  while  I 
was  absent.  But  what  I  well  knew  was  that  when  Scott's  mo 
tion  came  forward  the  New  England  men,  instead  of  naming 
the  Falls  of  the  Delaware,  as  Mr.  Morris  expected  (this  being 
the  point  to  which  all  his  negotiations  with  Jay,  Hamilton, 
etc.,  tended),  they  came  prepared  to  expose  the  Pennsylvanians 
and  ridicule  the  whole.  In  this  critical  moment  the  Virginians 
stepped  in  to  the  support  of  Scott's  motion,  rescued  the  Penn 
sylvanians  from  ridicule,  and  gave  the  whole  a  serious  face. 
In  this  state  were  matters  on  the  28th  ultimo  [August,  1789], 
and  I  thought  then  that  all  negotiation  with  the  New  Eng 
land  men  was  at  an  end.  Indeed,  I  was  not  for  entering  into 
any  private  engagements  with  any  of  them.  My  constant  lan 
guage  to  the  delegation  was  :  "  You  are  on  tenable  ground. 
Now  keep  yourselves  there."  Something  was,  however,  said 
as  we  parted  on  the  28th.  If  the  New  England  men  have  any 
thing  to  say,  it  must  come  from  them.  Mr.  Morris  caught  at 
this,  and  opened  a  negotiation  with  them,  and  carried  matters 
so  far  that  a  meeting  was  appointed  by  Mr.  Morris  of  the 
Pennsylvania  delegation  at  Clymer's  and  Fitzsimons's  lodgings 
at  five  o'clock  yesterday  evening.  Mr.  Morris  whispered  me  in 
10 


146  NEGOTIATIONS  AT  CLYMER'S  LODGINGS.  [1789 

the  Senate,  "  The  whole  business  is  settled,  and  yon  must  come 
to  Cljmer's  and  Fitzsimons' s  lodgings  at  five  o'clock. 

On  quitting  the  Senate  chamber  I  called  Mr.  Scott  out  of 
the  Representative  chamber  to  tell  him  to  apologize  to  the 
meeting  for  my  absence,  as  I  found  myself  scarcely  able  to 
move  one  step.  All  this  was  new  to  him.  lie  said  if  any 
agreement  was  made  it  must  be  with  the  "Virginians.  I  saw  a 
cloud  of  mystery  in  the  business,  wished  to  attend,  and  parted 
with  Scott,  telling  him  if  I  can  not  attend  I  will  send  an  apol 
ogy  by  Mr.  Wynkoop.  I  could  not  attend,  but  so  nobly  was 
the  matter  managed  that,  while  Mr.  Morris  was  introducing 
Mr.  Goodhue  and  Mr.  King  on  the  part  of  the  Eastern  States, 
Mr.  Madison  was  introduced  on  the  part  of  the  Virginians,  or 
introduced  himself.  There,  however,  he  wras,  and  occupied  a 
room  down-stairs,  while  Goodlme  and  King  sat  with  Mr.  Mor 
ris  up-stairs.  Messages  were  exchanged.  The  result  was,  that 
Messrs.  Clymer,  Fitzsimons,  Ileister,  Scott,  and  the  Speaker 
declared  totally  against  any  treaty  with  the  New  England  men. 
Hartley  and  Wynkoop  declared  themselves  disengaged ;  and 
all  parties  departed.  What  Mr.  Morris  complains  most  bitterly 
of  is  that  Fitzsimons  should  permit  him  to  bring  the  New 
England  men  to  his  lodging  on  the  terms  of  treaty,  when  he 
was  determined  against  treating  with  them,  and  that  there 
should  be  any  terms  of  communicating  with  Mr.  Madison  to 
which  he  was  a  stranger. 

Mr.  Morris,  however,  has  not  quitted  the  game.  He  told 
me  that  all  the  New  England  men  and  [New]  York  delegation 
were  now  met,  and  they  would,  on  the  terms  of  the  original 
proposals,  name  a  place  in  Pennsylvania,  for  they  had  actually 
agreed  on  one,  which  he  had  no  doubt  was  the  Falls  of  [the] 
Delaware  (by  the  by,  I  doubt  it),  and  then  we  would  see  how 
the  delegation  would  answer  it  to  their  constituents  to  negative 
a  place  in  Pennsylvania.  He  then  said  something  to  me  as  to 
our  conduct  in  the  Senate.  I  said  I  thought  we  had  better 
come  under  no  engagements  to  any  of  them,  but  regulate  our 
conduct  on  the  principles  of  the  interest  of  our  State,  subordi 
nate  to  the  great  good  of  the  Union.  He  agreed  to  this,  and 
took  his  leave. 

And  now  we  shall  see  what  a  day  will  bring  forth.     The 


SEPT.  3]  MEETING  OF  THE  PENNSYLVANIANS.  147 

Virginia  terms  seem  to  be,  "  Give  us  the  permanent  residence, 
and  we  will  give  Philadelphia  the  temporary  residence."  Mr. 
Morris  declared  a  vote  could  not  be  obtained  in  the  Senate  for 
an  adjournment  to  Philadelphia. 

/September  3d. — Mr.  Wynkoop  went  early  to  a  meeting  of 
the  Pennsylvania  delegation.  They  were  staggered  at  the 
thought  of  voting,  in  the  first  instance,  for  a  place  out  of  the 
State.  The  business  came  on  in  the  House  of  Representatives. 
Goodlme  took  the  lead.  And  here  I  could  give  an  advan 
tageous  lecture  on  scheming.  The  mariner's  compass  has  thirty- 
two  points  ;  the  political  one,  perhaps,  as  many  hundreds,  and 
the  schemers  an  indefinite  number.  And  yet  there  is  but  one 
of  them  that  will  answer.  It  is  true  there  were  not  so  many 
points  in  the  present  case,  but  the  wind  came  from  an  unex 
pected  quarter.  All  Mr.  Morris'  expectations  were  blasted  in 
a  moment,  for  Goodlme  moved  a  resolution  for  the  Susque- 
hanna,  as  the  sense  of  the  Eastern  States,  exclusive  of  NQW 
York.  The  debate  was  long  and  tedious,  and  the  business  of 
this  day  ended  with  carrying  Scott's  motion.  Goodhue's  stands 
until  to-morrow. 

Mr.  Elsworth  popped  in  this  morning  to  see  if  I  could  not 
possibly  attend  on  the  Salary  bill ;  but  I  could  not.  Mr.  El 
mer  called  in  the  evening.  I  know  not  in  the  Senate  a  man, 
if  I  were  to  choose  a  friend,  on  whom  I  would  cast  the  eye  of 
confidence  as  soon  as  on  this  little  doctor.  He  does  not  always 
vote  right,  and  so  I  think  of  every  man  who  differs  from  me, 
but  I  never  yet  saw  him  give  a  vote  but  I  thought  I  could 
observe  disinterestedness  in  his  countenance.  If  such  a  one 
errs  it  is  the  sin  of  ignorance,  and  I  think  Heaven  has  pardons 
ready  sealed  for  every  one  of  them.  "  Behold,  O  God,"  can 
such  a  one  say,  "  the  machine  which  thou  hast  given  me  to 
work  with  ;  faithfully  have  I  played  its  powers.  If  the  result 
has  been  error,  intentional  criminality  was  not  with  me." 

He  was  very  urgent  for  my  attendance  on  the  Salary  bill, 
but,  on  seeing  the  state  of  my  knee,  readily  admitted  there 
could  be  no  expectation  of  it.  He  told  me  Mr.  Morris  was 
exerting  his  utmost  address  in  engaging  votes  against  the  Sus- 
quehanna ;  he  had  influence  with  the  Jersey  members.  The 
argument  was,  that  they  had  been  treated  with  disrespect  in 


148  MORRIS'  SCHEME  DEFEATED.  [1789 

not  having  been  consulted  when  the  [New]  York  and  Eastern 
members  fixed  on  the  Susqnehanna.  If  Mr.  Morris  really  ex 
pects  to  obtain  a  vote  for  the  Delaware,  after  what  has  hap 
pened,  it  is  a  proof  how  far  interest  will  blind  a  man.  But  I 
do  not  believe  he  has  any  such  expectations.  His  design  must 
be  to  ruin  the  Susquehanna  scheme,  and,  in  fact,  keep  Congress 
in  New  York.  I  have  heard  him  declare  it  ought  never  to  be 
anywhere  but  in  Philadelphia  or  New  York.  Those  places 
suit  his  plans  of  commerce.  Nor  do  I  believe  he  ever  will 
consent  to  its  being  anywhere  else,  unless  it  be  on  his  own 
grounds  at  the  Falls  of  the  Delaware. 

September  l^th. — Goodhue's  motion  was  carried.  Mr.  Mor 
ris  called  in  the  evening.  He  sat  a  long  time.  I  never  saw 
chagrin  more  visible  on  the  human  countenance.  "Well," 
said  he,  "  I  suppose  you  are  gratified."  I  really  was  vexed  to 
see  him  so  deeply  affected.  I  said  coolly,  I  could  not  be  dis 
satisfied.  He  repeatedly  declared  he  would  vote  for  the  Sus 
quehanna  because  he  had  said  so,  but  he  would  do  everything 
in  his  power  against  it.  This  he  called  candor,  but  I  think  he 
can  not  call  it  consistency.  It  has  long  been  alleged  in  this 
place  that  Mr.  Morris  governed  the  Pennsylvania  delegation, 
and  I  believe  this  idea  has  procured  Mr.  Morris  uncommon 
attention.  This  delusion  must  now  vanish.  He  made  a  long 
visit.  Mr.  Wynkoop  and  myself  said  everything  in  our  power 
to  soften  him,  and  we  seemed  to  gain  upon  him.  He  men 
tioned  with  apparent  regret  some  rich  lands  in  the  Conestoga 
manor  which  he  had  exchanged  with  John  Musser  for  lands 
on  the  Delaware. 

Still  confined,  and  in  a  miserable  way  with  my  swelled 
knee. 

/September  5th. — Worse.  Confined  mostly  to  bed.  Visited 
by  sundry  gentlemen.  Scott,  Heister,  Fitzsimons  called  in  the 
evening.  The  Susquehanna,  Potomac,  and  Delaware  in  every 
mouth.  I  find  Mr.  Wynkoop  has  revived  his  hopes  of  the 
Delaware.  He  said,  "  If  we  lose  the  Susquehanna,  then  it  will 
be  fixed  at  the  Delaware."  I  looked  hard  at  him,  and  asked 
if  he  had  seen  Mr.  Morris.  He  answered  "  No,"  hesitatingly. 
I  find  by  several  hints  this  day  that  there  is  some  new  scheme 
on  foot. 


SEPT.  6]  MORRIS'  DEFECTION.  149 

Mr.  Wynkoop  urged  me  so  incessantly  about  a  doctor  that 
I  unfortunately  said  yes.  He  asked  who  I  knew.  I  said  Dr. 
Treat.  He  was  gone  in  a  moment,  and  soon  after  Treat  and 
Rodgers  called,  very  well  dressed.  The  sole  point  I  wished 
them  to  attend  to  was  my  left  knee.  I  could  hardly  get  them 
to  look  at  it.  They  said  it  was  immaterial.  Aren't  you  a  good 
hand  at  taking  medicine?  Xo  (faintly).  You  are  all  over 
indisposed ;  you  must  undergo  a  course  of  physic ;  you  must 
take  a  course  of  antimonials  to  alter  your  blood.  A  vomit, 
said  the  other,  to  clean  your  stomach.  I  begged  leave  to  ob 
serve  that  I  was  well  circumstanced  in  my  body,  both  as  to 
urine  and  blood ;  had  not  a  high  fever.  My  knee,  gentlemen ; 
my  knee.  And  I  showed  it  to  them,  flayed  as  it  was  with 
blistering.  Here  is  my  great  pain.  "  Poultice  it  with  Indian 
mush,  and  we  will  send  you  some  stuff  to  put  on  the  poultice ; 
and  the  antimonial  wine,  etc. ;  the  drops  and  the  laudanum," 
etc.  They  seemed  to  me  like  storekeepers,  with  their  country 
customers ;  won't  you  take  this,  and  this  ?  You  must  take 
this,  and  this,  etc. 

September  6th. — Yery  ill,  and  close  confined.  Izard  called 
to  see  me.  The  moment  I  saw  him  I  understood  that  he  came 
on  a  scrutinizing  errand.  I  made  no  mystery  of  anything  I 
knew ;  told  him  that  the  certain  effect  of  any  new  scheme  in 
the  Yorkers  or  Xew  England  men  would  most  infallibly  place 
us  at  the  Potomac.  He  repeatedly  mentioned  a  new  scheme 
being  on  foot,  but  I  could  not  learn  what  it  was.  Mr.  Morris 
is  in  close  connection  with  the  Yorkers,  and  communicates 
everything  to  them.  Mr.  Clymer  called  on  me.  He  spoke 
highly  in  favor  of  the  Susquehanna  as  being  the  most  favor 
able  position  in  the  State  for  the  benefit  of  Pennsylvania; 
blamed  Mr.  Morris  much  ;  said  he  would  yet  ruin  all.  In  the 
evening  the  Speaker  called.  He  speaks  more  confidently  of 
the  Susquehanna  than  any  of  them.  I  told  him  I  did  not  like 
the  adjournment  when  the  question  was  ready  to  be  put  yes 
terday.  He  endeavored  to  account  for  this,  but  I  think  it 
bids  ill. 

The  doctor's  stuff  on  the  blister  spoiled  all.  It  stopped 
the  discharge,  and  I  was  much  worse.  They  called  to  persuade 
me  to  take  the  antimony  etc. 


150  ILLNESS  OF   WILLIAM  MACLAY.  [1789 

September  7th,  Monday. — I  am  still  very  ill.  This  day 
was  the  trial  of  shift,  evasion,  and  subterfuge  in  the  House  of 
Representatives ;  but  the  Susquehanna  vote  was  carried  by  a 
majority  of  seven,  and  Ames,  Lawrence,  and  Clymer  appointed 
a  committee  to  bring  in  a  bill. 

Close  confined,  and  very  ill.  Unable  to  get  information, 
or  to  minute  it  down  if  I  had  it.  I  am  still  ill.  This  day  the 
doctors  called  and  vexed  me  again. 

[September],  Tuesday  8th. — Still  close  confined,  and  in  very 
bad  health.  The  Speaker  called  and  gave  us  an  anecdote  of 
Mr.  Madison,  which  seems  to  discover  some  traits  of  the  less 
amiable  in  his  character.  While  the  salary  of  the  Governor 
of  the  Western  Territory  [General  St.  Clair]  was  before  the 
House,  in  the  first  stage  of  the  business,  Madison  had  supported 
it  at  twenty-five  hundred  dollars.  But  during  the  Susque 
hanna  debate,  Mr.  Clymer,  seeing  Governor  St.  Clair  in  the 
gallery,  addressed  a  note  to  him  for  information.  The  Gov 
ernor  sent  back  an  answer  in  writing  which  contradicted  the 
position  of  the  friends  of  the  Potomac.  This  day  Madison 
moved  a  reduction  of  five  hundred  dollars  from  his  salary. 

The  doctors  did  not  call  to-day,  and  it  seems  like  delivering 
me  from  half  of  my  misery. 

Wednesday,  Thursday,  Friday,  and  Saturday  confined,  but 
find  myself  much  better,  and  now  begin  to  think  confidently 
of  seeing  my  family  in  health  on  my  part.  The  relief  which 
I  have  experienced  has  been  from  the  application  of  blisters 
and  cupping.  This  week  has  been  one  of  hard  jockeying  be 
tween  the  Senate  and  House  of  Representatives.  The  Senate 
insisted,  and  adhered,  too,  for  a  mark  of  superiority  in  their 
pay.  It  was  a  trial  who  should  hold  out  longest.  The  House 
of  Representatives  gave  way,  more  especially  after  the  Sena 
tors  told  them  that  if  you  want  your  pay  send  us  a  bill  for 
yourselves  and  we  will  pass  it.  I  really  wonder,  in  the  temper 
the  House  is  in,  that  they  had  not  done  it ;  but  they  were 
aware  that  the  majority  of  the  Senate  would  fly  from  this  pro 
posal,  as  I  believe  many  of  them  need  money  as  much  as  any 
of  the  Representatives  can  do.  It  was  a  trial  of  skill  in  the 
way  of  starvation,  and  the  dignity  or  precedence,  or  call  it 
what  you  wTill,  which  could  not  be  gained  from  the  understand- 


SEPT.  13]  MORRIS'  PLAN.  151 

ing  of  the  House  of  Representatives,  was  extorted  from  their 
purses. 

I  have  been  visited  this  week  by  all  the  Pennsylvanians 
and  by  Dr.  Elmer  and  Mr.  Wyngate  of  the  Senate.  I  will 
venture  but  one  remark  on  the  business  of  the  permanent  resi 
dence.  It  will,  however,  be  rather  a  series  of  remarks.  Neither 
New  England  men  nor  Yorkers  are  sincere  about  moving  from 
this  place,  and  they  firmly  believe  the  whole  will  end  in  vapor. 
Mr.  Morris  is  to  destroy  the  Susquehanna  scheme  in  the  Sen 
ate,  if  not  sooner,  in  order  to  bring  forward  the  Delaware. 
This  he  will  do,  with  small  assistance  from  the  Yorkers,  by  en 
gaging  the  Senators  of  Jersey  and  Delaware ;  and,  this  being 
done,  the  Delaware  destroys  itself,  for  the  New  England  men 
fall  to  pieces,  their  engagements  having  been  only  for  the  Sus 
quehanna.  These  arts  are  likely  enough  to  succeed. 

{September^  13th,  Sunday. — Wrote  my  letters  for  home. 
Sat  up  a  good  deal,  and  found  myself  much  better.  In  the 
evening  Mr.  Morris,  Mr.  Clymer,  and  Mr.  Fitzsimons  called 
on  me.  I  thought  that  the  Susquehanna  had  not  got  justice 
done  in  the  arguments ;  spoke  long  on  this  subject  to  possess 
them  of  my  ideas  of  it.  All  the  talk  and  speculation  about 
the  Western  country  is  visionary.  Nothing  will  come  on  to 
the  Atlantic  rivers  from  the  Western  waters.  If  it  should,  the 
Susquehanna  has  the  advantage  in  the  double  connection  by 
Juniata  and  the  AVest  Branch.  I  was  listened  to  throughout 
with  apathy,  however. 

[September  Hth~\,  Monday.  —  About  twelve  Mr.  Clymer 
called  in ;  said  he  had  a  letter  from  Heading  Howell,  with 
important  information.  He  read  a  part  of  it,  and  desired  I 
would  draw  up  the  thoughts  I  had  expressed  last  night,  that  a 
publication  might  be  prepared  against  the  time  of  taking  up 
the  bill.  Dr.  Johnson  and  Mr.  Carrol,  of  Carrolton,  called 
while  he  was  in,  and  interrupted  us  a  little.  He  stayed  a  mo 
ment  after  them,  and  said  he  would  call  early  to-morrow  morn 
ing,  that  we  might  settle  on  something  for  publication.  I  ex 
pressed  plainly  to  him  the  same  thoughts  which  I  minuted  on 
Saturday  ;  but  he  said  Mr.  Morris  was  now  contented.  I  was 
so  unwell  that  I  had  to  go  to  bed ;  and  here,  leaning  on  my 
elbow,  I  arranged  something,  but  was  greatly  at  a  loss  for 


152  CONGRESSMEN  CALL  ON  WILLIAM  MACLAY.       [1789 

maps  and  for  the  distances  on  the  Susqnehanna  and  Potomac, 
beginning  at  tide-water,  to  Fort  Pitt.  I  sent  Mr.  Wynkoop  to 
call  on  Mr.  Smith,  of  Maryland,  for  them.  [He]  was  abroad. 
I  sent  a  note  to  Mr.  Smith,  begging  that  he  would  call  on  me 
with  them,  but  he  did  not ;  so  that  what  I  composed  was  with 
blanks. 

Tuesday,  15th. — Between  ten  and  eleven  Mr.  Clymer,  Mr. 
Fitzsimons,  and  Governor  St.  Clair  called.  I  read  what  I  had 
prepared,  and  it  'seemed  to  give  satisfaction,  but  I  took  notes 
of  sundry  matters  from  them  to  be  inserted.  The  blanks  were, 
however,  still  open.  They  promised  to  furnish  these  distances 
from  Mr.  Ames.  This  was  done  after  I  had  finished  the  com 
position,  and  the  putting  them  in  could  not  be  done  but  clum 
sily.  I  hastened  to  get  over  the  business,  expecting  they  would 
call  soon,  but  night  came  without  my  hearing  from  them.  I 
can  not  go  out,  and  there  is  a  listlessness  in  all  our  Pennsyl- 
vanians  on  this  subject.  I  can  think  of  many  things  which  I 
would  have  done  could  I  go  about,  which  must  now  remain 
undone. 

Wednesday,  16th. — To-morrow  the  bill  for  the  permanent 
residence  is  to  be  taken  up,  and  yet  all  is  quiet  on  our  part. 
Mr.  Wynkoop  told  me  he  had  walked  a  long  time  opposite 
Trinity  Church  with  Mr.  Clymer  and  Mr.  Fitzsimons,  and  that 
they  had  spoken  of  me,  and  nothing  more.  He  offered  to  do 
anything.  I  thought  of  Hartley.  He  is  active,  and  will  be  in 
earnest.  Mr.  Wynkoop  went  for  him.  He  came,  and  I  put 
the  paper  in  his  hands.  Mr.  Wynkoop  returned  before  the 
House  met ;  told  me  Child  was  to  print  it,  and  they  would 
send  the  proof-sheet  to  me  for  correction. 

About  two  o'clock  Mr.  Morris,  Mr.  King,  and  Mr.  Butler 
called  on  me.  The  talk  was  only  about  the  judiciary.  Mr. 
Morris  said  he  had  followed  Elsworth  in  everything ;  if  it  was 
wrong,  he  would  blame  Elsworth.  King  said  he  had  never 
had  an  opportunity  of  judging  of  it.  I  censured  it  as  freely 
as  ever. 

There  was  a  meeting  of  the  Pennsylvania  delegation  this 
evening  to  regulate  their  conduct  respecting  the  part  they 
would  act  about  the  opening  of  the  Susquehanna.  They  agreed 
to  wrait  on  Smith  and  Seney  in  the  morning.  I  had  begged  Mr. 


SEPT.  17J  THE  MARYLAND  CONDITION  CARRIED.  153 

Wynkoop  that  they  should  get  the  proof-sheet  and  correct  it ; 
but  it  is  likely  they  would  not  send  for  it.  The  printer's  boy, 
however,  called  on  me  and  I  corrected  it.  I  can  find  that 
Germantown  is  the  place  that  is  to  be  played  against  the  Sus- 
quehanna.  I  had  hopes  this  opposition  was  dropped.  I  be 
lieve  they  are  not  as  active  as  some  days  ago,  but  lie  by  fully 
bent  to  take  all  advantages.  We  will  see  what  they  will  do. 
But  I  have  laid  it  down  as  the  only  sure  ground  to  adhere  to 
the  Susquehanna. 

Thursday,  17th. — Some  people  are  so  hardy  as  to  deny 
that  the  Susquehanna  affords  any  navigation  at  all.  Boudinot 
is  oi*e  of  them.  It  really  would  be  of  service  to  him  if  he 
could  be  made  to  blush.  I  wrote  to  Mr.  Burrell.to  furnish  an 
extract  of  the  stores  forwarded  on  the  Susquehanna  in  the 
year  1779,  and  the  usual  load  of  a  river  boat.  Mr.  Wynkoop 
went  to  him  with  the  letter.  He  said  he  would  do  what  he 
could,  but  rather  excused  himself.  I  sent  some  information  to 
Mr.  Ames  by  Mr.  Wynkoop,  and  now  we  must  see  what  they 
will  do. 

The  day  is  rainy  and  nobody  has  called.  About  dark 
Parson  Lynn  came  in.  Joy  was  in  his  countenance.  He  told 
me  the  Maryland  condition  was  carried,  and,  of  course,  there 
would  be  schism  among  the  Pennsylvanians ;  that  Mr.  Gerry 
had  moved  for  the  Falls  of  the  Delaware  instead  of  the  Susque 
hanna.  The  whole  of  what  he  said  convinced  me  that  I  was 
not  in  the  least  mistaken  as  to  the  measures  they  were  carrying 
on.  The  Pennsylvanians  will  divide  ;  the  New  England  men 
and  Yorkers  both  will  come  off  with  apparent  honor,  and  Con 
gress  remain  where  it  is.  Late  at  night  in  comes  Mr.  "Wyn 
koop,  in  higher  spirits  than  ever  I  saw  him.  "  It's  all  over 
with  the  Susquehanna.  We  must  vote  against  it  now.  I  have 
just  come  from  Clymer  and  Fitzsimons's  lodgings  ;  they  are  of 
the  same  opinion  ;  and  now  for  the  Falls  of  the  Delaware.  The 
Marvlanders  have  carried  a  clause  that  Pennsylvania  and 
Maryland  shall  consent,  to  the  satisfaction  of  the  resident,  that 
the  navigation  of  the  Susquehanna  shall  be  cleared,  but  not  at 
their  expense.  We  will  never  consent  to  lay  our  State  under 
any  restrictions."  The  only  reply  I  made  was :  "  So,  then, 
rather  than  consent  that  the  navigation  of  the  Susquehanna 


154         "IN  HIGH  RAGE  AT  THE  PHILADELPHIA^."        [1789 

should  be  open,  you  will  drive  Congress  away  from  its  banks. 
This  is  the  point  of  view  in  which  it  will  be  considered,  and 
in  which  you  must  expect  to  answer  for  it." 

[September]  18th. — I  wished  to  see  some  of  our  Pennsyl- 
vanians.  Clymer  and  Fitzsimons  had  called  a  meeting  last 
night  in  order  to  make  them  change  their  ground  and  vote  for 
the  Falls  of  the  Delaware.  This  was  the  intention  of  the  meet 
ing,  from  what  Wynkoop  clearly  enough  expressed.  I  wrote 
a  note  to  Hartley,  but  he  came  in  just  as  I  was  sealing  it.  He 
was  in  a  high  rage  at  the  Philadelphians,  and  declared  they 
had  been  insincere  from  the  beginning.  He  seemed  to  want 
my  opinion.  I  gave  it  freely  ;  to  adhere  firmly  to  the  ground 
that  had  been  taken,  and  support  the  bill  at  all  events.  I  had 
written  a  note  to  the  Speaker  but  he  came  in  immediately 
after  I  had  sent  it  away.  He  seemed  clearly  in  sentiment 
with  Hartley,  and  gave  substantial  reasons  for  it.  He  said  an 
absolute  agreement  had  been  made  between  the  Pennsy Ira 
nians  on  one  part,  and  Smith  and  Seney,  of  Maryland,  on  the 
other,  that  the  Maryland  condition  should  not  be  "  Pennsyl 
vania  would  throw  no  impediment  in  the  way  of  clearing  the 
Susquehanna."  This  gave  entire  satisfaction  to  Smith  and 
Seney ;  was  to  have  been  brought  forward  by  the  friends  of 
the  Susquehanna,  and  Smith  and  Seney  by  voting  for  it  would 
have  carried  this  and  rejected  the  other  Maryland  condition. 

But  Mr.  Fitzsimons  broke  the  agreement  and  flew  off 
yesterday  morning.  This,  of  course,  fixed  Smith  and  Seney 
to  the  exceptionable  condition  which  was  carried  by  means  of 
their  votes.  So  that  it  seems  as  if  Mr.  Fitzsimons  wished 
some  vote  to  be  carried  that  would  furnish  him  and  others 
with  a  pretext  for  breaking  off  from  the  Susquehanna ;  for 
they  could  have  prevented  this  Maryland  condition  if  they  had 
chosen  so  to  do.  He  further  said  that  his  partner  in  Phila 
delphia  mixes  with  all  classes  of  people ;  that  the  common 
people  were  well  satisfied  with  Congress  being  on  the  Susque 
hanna  ;  but  of  late  he  could  hear  among  the  leading  men  about 
the  bank,  etc.,  many  opinions  and  predictions  that  it  never 
would  be  on  the  Susquehanna,  etc.  I  think  it  no  unfair  con 
clusion  to  say  that  Philadelphia  spite  hath  done  this,  although 
it  be  the  act  of  but  a  few  individuals  in  that  place.  I  can  now 


SEPT.  19]  "0  ADAMS,   ADAMS!"  155 

clearly  account  for  the  listlessness  and  apathy  of  some  persons 
respecting  the  Susquehanna.  Indeed,  it  is  questionable  whether 
the  late  application  to  me  was  anything  more  than  a  blind  to 
cover  their  intended  defection. 

By  this  and  yesterday's  papers  France  seems  travailing  in 
the  birth  of  freedom.  Her  throes  and  pangs  of  labor  are  vi 
olent.  God  give  her  a  happy  delivery!  Royalty,  nobility, and 
vile  pageantry,  by  which  a  few  of  the  human  race  lord  it  over 
and  tread  on  the  necks  of  their  fellow-mortals,  seem  likely  to 
be  demolished  with  their  kindred  Bastile,  which  is  said  to  be 
laid  in  ashes.  Ye  gods,  with  what  indignation  do  I  review 
the  late  attempt  of  some  creatures  among  us  to  revive  the  vile 
machinery !  O  Adams,  Adams,  what  a  wretch  art  thou  ! 

This  evening  the  Speaker  called.  He  repeated  the  whole 
of  what  he  had  told  me  in  the  morning  in  the  presence  of  Mr. 
Wynkoop.  Said  he  did  not  know  what  to  make  of  men  who 
agreed  to  a  thing  overnight  and  denied  it  in  the  morning. 
Fitzsimons  and  Clymer  were  tired  of  the  Susquehanna,  etc. 

September  19th. — This  morning  Colonel  Hartley's  son  called 
on  me  with  a  note  and  showed  the  copy  of  a  letter  which  the 
Colonel  had  written  to  Clymer  and  Fitzsimons.  He  called  on 
them  for  an  adherence  to  their  former  tenor  of  conduct  re 
specting  the  Susquehanna,  and  plainly  declared  that  their  de 
fection  now  would  be  considered  as  a  proof  of  their  insincer 
ity  from  the  beginning.  I  am  unwilling  there  should  be  any 
schism  among  the  Pennsylvania  Representatives.  Perhaps 
this  letter  may  lay  the  foundation  of  it.  Perhaps  it  may  have 
the  contrary  effect  at  the  present  moment.  It  is,  however, 
done  without  the  advice  of  any  person,  and  we  are  left  to  at 
tend  to  the  event.  I  have  wished  much  to  have  seen  Clymer 
and  Fitzsimons  for  some  days  past.  I  dropped  distant  hints  of 
this  often  to  Mr.  Wynkoop.  This  had  no  effect ;  I  could  not 
justify  myself  in  sending  for  them.  However,  I  know  not  if 
I  could  have  any  influence  with  them,  and  I  know  that  Wyn 
koop  carries  faithfully  every  word  which  I  say  to  them.  Dr. 
Franklin  says,  "  The  world  will  do  its  own  business."  I  must 
let  it  do  so  on  this  occasion,  for  my  lame  knees  will  not  let  me 
help  it.  Mr.  Wynkoop  left  the  House,  came  home,  and  went 
on  a  party  of  pleasure. 


156  DISCORD  AMONG  THE  PENNSYLVANIANS.  [1789 

Had  a  note  from  Colonel  Hartley.  The  permanent  [resi 
dence]  business  is  put  off  until  Wednesday  next  on  account  of 
the  indisposition  of  some  of  the  members.  The  House,  by  a 
joint  resolution  with  the  Senate,  are  to  break  up  on  Tuesday. 
Appointing  Wednesday  [for  the  permanent  residence  busi 
ness]  seems  like  the  oblivion  committee  in  the  British  Parlia 
ment  on  the  American  petitions  before  the  Revolution.  But 
we  will  see  what  will  come  of  it.* 

In  the  evening  Mr.  Dalton  called  to  see  me.  Soon  after 
Mr.  Morris  and  Mr.  Fitzsimons  came  in.  Soon  after  Mr. 
Scott  and  Parson  Lynn.  The  Parson  went  away.  Mr.  Dal 
ton  went  away.  Mr.  Scott  said  :  "  What  shall  we  do  with  the 
residence  ?  I  believe  we  must  vote  for  it."  "  I  don't  know," 
said  Fitzsimons,  "  if  the  condition  had  only  been  that  we  should 
not  prevent  the  clearing  of  the  Susquehanna,  I  should  not 
have  cared."  Scott  said,  "  In  fact,  it  amounts  to  no  more 
now."  "  I  don't  know,"  said  Fitzsimons.  Mr.  Morris  said 
abruptly :  "  The  contract  is  broken  ;  we  were  to  have  this 
thing  free  of  any  condition.  I  have,  however,  a  letter  from 
Peters  on  this  subject."  He  got  out  the  letter,  but  did  not 
read  it.  Mr.  Scott  was  on  his  feet  and  went  away.  The  oth 
ers  soon  followed. 

When  Mr.  Morris  talked  of  the  contract  being  broke,  I 
asked  :  "  Have  any  of  the  Eastern  people  given  way  ?  Have 
any  of  them  voted  against  the  Susquehanna  ?  "  Mr.  Fitzsimons 
said  none.  I  can  readily  guess  what  Mr.  Morris  means  by 
saying  the  contract  is  broken.  Need  his  vote  be  expected  ? 

September  20th. — Being  Sunday,  I  wrote  letters  to  my  fam 
ily.  The  day  was  fine.  I  got  a  hackney-coach  and  rode  out 
about  an  hour  and  a  half ;  felt  the  worse  for  it.  Perhaps  it 
was  only  the  fatigue.  Colonel  Hartley  called  in  the  morning ; 
says  the  business  of  the  permanent  residence  will  come  on  to 
morrow.  Mr.  Wyngate  and  General  Irwin  called  to  see  me. 
Mr.  Wyngate  went  yesterday  evening  to  Newark ;  came  home 
late.  He  soon  asked  me,  "  What  news  of  the  Federal  resi 
dence  ? "  I  had  no  news  on  the  subject.  He  talked  himself 
a  good  deal  on  the  subject.  I  thought  I  could  clearly  gather 

*  Hartley  was  mistaken  when  he  wrote  this  note. 


SEPT.  21]  THE  SALARY  OF  JUDGES.  157 

from  what  he  said  that  the  effort  would  be  to  throw  off  the 
whole  business  for  this  session,  for,  from  what  I  can  learn, 
they  are  not  able  to  engage  the  New  England  men  for  the 
Delaware ;  therefore,  postpone  and  wait  for  the  chapter  of 
chances. 

Monday,  21st. — Dressed  myself ;  weak  and  languid,  but 
went  to  the  Hall.  Thought  I  would  not  be  able  to  stay  long, 
but  when  the  business  began  I  seemed  amused  and  grew  bet 
ter.  I  stayed  it  out  until  after  three  o'clock.  The  judges'  sala 
ries  were  taken  up.  That  of  the  Chief -Justice  had  been  set 
tled  before  at  four  thousand  dollars ;  that  of  the  pidsne 
judges  was  put  at  three  thousand  dollars.  Mr.  Morris  moved 
for  live  hundred  dollars  more,  seconded  by  Izard  ;  a  division — 
nine  to  nine. 

The  Yice-President  had  to  give  the  casting  vote,  and  had 
the  yeas  and  nays  called  on  him.  He,  however,  made  a 
speech :  "  Somebody  had  said  judges  could  be  had  for  less. 
That  people  must  be  abandoned  and  forsaken  by  God  who 
could  speak  of  buying  a  judge  as  you  would  a  horse.  Judges 
should  portion  their  children,  bring  them  up,  provide  for 
them,  etc.  Many  families  in  New  England  had  suffered  by 
the  head  of  it  being  a  judge."  Motions  were  made  for  in 
creasing  everything  almost.  None,  however,  carried  until  they 
came  to  the  Attorney-General.  Mr.  Morris  moved  it  should  be 
two  thousand  dollars.  King  seconded.  A  division — nine  and 
nine  ;  and  the  Yice-President  voted  for  it.  "Wyngate  called 
for  the  yeas  and  nays.  Adams  looked  pitiful ;  said  he  would 
be  made  the  scapegoat  for  everything.  A  member  got  up  to 
have  the  yeas  and  nays  retracted.  Grayson,  who  had  been 
with  us  before,  spoke  against  having  them  now.  So  they  were 
not  called.  The  House  of  Representatives  threw  out  this 
amendment,  and  it  was  reduced  to  fifteen  hundred  dollars. 

Hartley  called  me  out  to  tell  me  that  the  Susquehanna  bill 
was  carried  [in  the  House  of  Representatives].  Mr.  Morris 
was  all  day  calling  out  members.  Grayson,  Gunn,  King, 
Read,  and  Butler  were  some  of  them  that  I  saw  him  take 
aside.  The  citizens  and  Wynkoop  dared  not  vote  against  it. 
It  would  have  had  no  effect  if  they  had.  Mr.  Morris,  being  a 
six-years  man,  considers  himself  as  independent,  and  he  is  to 


158  FIRST  KEADING  OF  THE  RESIDENCE  BILL,          [1789 

destroy  it  in  the  Senate.  The  others  thin!:  to  escape  censure 
by  this  shift.  But  we  know  them.  When  I  consider  how 
agreeable  it  will  be  to  the  Eastern  members  and  to  the  York 
ers  to  destroy  all  this  business,  I  really  fear  Mr.  Morris.  It  is 
so  easy  persuading  men  to  do  what  they  wish  for.  We  must, 
however,  wait  the  event. 

September  22d. — Dressed  and  went  to  the  Hall.  Resolu 
tion  came  up  from  the  other  House  rescinding  the  resolution 
of  adjournment  on  this  day  and  for  adjourning  on  Saturday. 
Concurred.  Bill  for  the  permanent  residence  read  the  first 
time.  Butler  moved  to  postpone  till  next  session.  Seconded 
by  Grayson.  Lee,  Butler,  and  Grayson  spent  about  an  hour. 
They  had  only  Izard  and  Gunn  to  join  them  on  this  business 
—five  in  all.  From  hence,  I  think,  we  may  prognosticate 
that  the  bill  will  pass  in  some  shape  or  other.  Mr.  Morris  in 
the  deepest  chagrin.  Did  not  speak  to  me  in  the  morning. 
Left  his  usual  seat  to  avoid  me.  First  went  and  sat  beside  Mr. 
Dalton,  then  rose  and  took  out  Mr.  Read,  came  in  again  and 
went  and  took  a  seat  beside  Grayson ;  Bland  called  out  Gray- 
son  ;  Mr.  Morris  followed ;  came  in  again  and  went  and  took 
a  seat  beside  Elsworth.  Kever  spoke  until  we  were  coming 
out  of  the  Senate  chamber.  He  then  asked  if  I  continued  to 
grow  better.  I  answered  in  the  affirmative,  but  he  could  not 
talk  to  me. 

I  met  Governor  St.  Clair  at  the  Hall.  If  I  had  no  better 
clew,  I  could  tell  how  the  Philadelphians  stood  by  him.  He 
was  all  full  of  doubts  ;  the  bill  would  never  do  ;  the  President 
wrould  never  act  on  it ;  the  river  might  not  admit  of  naviga 
tion,  etc.  The  bill,  however,  passed,  thirty-one  to  seventeen,  in 
the  House  of  Representatives.  Wynkoop  can  not  sit  with  me 
this  evening ;  he  is  chatting  down-stairs.  Mr.  Lynn  called  ;  told 
me  the  design  of  the  Virginians  and  the  Carolina  gentlemen  was 
to  talk  awray  the  time,  so  that  wre  could  not  get  the  bill  passed. 

September  %3d. — Went  to  the  Hall  early.  Mr.  Carrol  came 
in ;  told  me  Mr.  Morris  was  against  the  bill  and  wanted  to 
bring  forward  "  Germantown  "  and  the  "  Falls  of  the  Delaware." 
The  Senate  met,  and  every  endeavor  was  made  to  waste  time. 
Lee,  Butler,  Grayson,  refused  to  go  on  with  the  business,  as 
Gunn  was  absent.  Gunn  came,  and  then  they  wanted  to  go 


SEPT.  23J  SPLIT  AMONG  THE   PEXNSYLVANIANS.  159 

and  see  the  balloon  let  off.  But  at  last  the  bill  was  read  over. 
I  was  called  out.  There  was  Mr.  Morris,  Mr.  Fitzsimons,  and 
Colonel  Hartley.  Fitzsimons  began  telling  me  what  the  Penn- 
sylvanians  had  agreed  to  do.  First,  strike  out  the  proviso 
clause.  If  this  could  be  done,  then  agree  to  the  bill ;  but  if 
this  could  not  be  done,  then  abandon  the  Susquehanna  and  try 
for  the  Falls  of  the  Delaware  and  Germantown.  As  he  stated 
it  to  me,  I  understood  that  all  the  Pennsylvanians  but  myself 
had  agreed  to  this.  I  told  him  it  was  a  late  moment  to  call  on 
me  when  the  bill  had  Sexually  been  read  over  and  the  first 
clause  taken  up ;  that  the  proviso  had  nothing  so  terrible  in  it 
as  to  make  me  abandon  the  bill  rather  than  consent  to  it ;  that 
I  saw  no  safety  in  anything  but  adhering  to  the  bill,  and  if  we 
lost  the  bill  we  must  go  on  to  the  Potomac. 

Mr.  Morris  raged  out  something  against  the  proviso,  as  to 
the  advantage  the  State  would  lose  by  such  a  proviso  being- 
adopted,  and  concluded  with  a  tremendous  oath,  "  By  God,  I 
never  will  vote  for  the  bill  unless  the  proviso  is  thrown  out ! " 
I  said,  slowly,  he  would  act  as  he  pleased.  He  knows  as  well 
as  I  do  that  the  Senate  never  will  reject  the  proviso.  Fitz 
simons  and  Morris,  however,  said,  "  Let  us  call  King  out." 
King  came.  Fitzsimons  said,  "  The  Pennsylvania  delegates 
were  against  the  proviso,  and  in  case  the  proviso  was  continued, 
five  were  for  trying  the  Falls  of  the  Delaware  and  Germantown." 
Colonel  Hartley  corrected  him  and  told  him  "  only  four."  As 
I  had  nothing  to  do  with  their  bargain,  I  turned  on  my  heel 
and  left  them.  I  thought  it  strange  conduct  of  our  delegates, 
after  they  had  all  voted  for  the  bill,  to  be  making  such  offers. 
If  the  proviso  is  struck  out,  the  two  Marylanders  will  vote 
against  us.  If  in,  Mr.  Morris  has  sworn  he  will  vote  against 
it.  I  have  expected  nothing  else  of  him  for  some  time. 

Mr.  Morris  moved  that  the  first  and  second  clauses  should 
be  postponed,  so  as  to  come  at  the  proviso.  This  brought  on 
a  lengthy  debate.  Butler  was  severe  on  Mr.  Morris.  Said  his 
views  were  totally  local.  "  Let  us  keep  the  Federal  town  on 
the  Susquehanna,  and  let  there  be  no  navigation  out  of  it,  and 
then  you  must  come  to  Philadelphia.  But,  rather  than  have 
the  Susquehanna  opened,  which  will  take  some  of  our  trade 
away,  we  will  not  let  you  put  the  Federal  town  there."  Morris 


150  PENNSYLVANIA  INVEIGHED  AGAINST.  [1789 

replied  with  apparent  heat.  The  other  retorted.  Gray  son  and 
Lee  were  botli  up.  Izard  was  up,  and  long  speeches  were 
made.  The  question  wras,  however,  put  and  carried.  And 
now  Mr.  Morris  moved  to  strike  out  the  proviso.  I  forgot 
who  seconded  him.  The  reason  he  gave  was  that  the  State  of 
Pennsylvania  had  a  bargain  on  hand  with  Maryland  about  this 
matter,  and  commissioners  were  appointed  to  negotiate  it. 
Pennsylvania  would  suffer  the  Susquehanna  to  be  opened  if 
Maryland  would  suffer  a  canal  to  be  dug  between  t  the  bays  of 
Chesapeake  and  Delaware ;  that  he  would  be  betraying  the 
interest  of  the  State  in  so  eminent  a  degree  that  lie  dared  not 
go  home  to  Pennsylvania  if  such  a  clause  was  in  the  bill.  I 
hinted  to  Mr.  Morris  that  the  last  law  for  clearing  the  Susque 
hanna  had  no  condition ;  but  he  answered  the  Marylanders 
thought  it  had.  It  was  now  that  the  most  unbounded  abuse 
was  thrown  on  the  State  of  Pennsylvania.  Lee,  Grayson, 
Butler,  and  Izard  struggled  who  should  be  up  to  rail  at  the 
Government. 

Mr.  Carrol  got  up  and  answered  Mr.  Morris  mildly.  I 
whipped  out  and  sent  for  Colonel  Hartley,  and  got  from  him 
the  late  law  for  clearing  the  Susquehanna.  So  great  was  the 
rage  for  speaking  that  I  could  scarce  get  a  word  said.  I  en 
deavored  to  be  up  first  on  the  sitting  down  of  Butler,  but  Lee 
was  up  with  me.  I  begged  for  indulgence,  as  I  had  informa 
tion  to  give  which  I  thought  very  material.  I  stated  the  im 
portance  of  the  question,  and  declared  it  my  duty  to  give  all 
the  information  in  my  power  ;  that  the  State  of  Pennsylvania 
deserved  none  of  the  illiberal  abuse  that  had  been  bestowed  on 
it ;  that  no  such  design  as  shutting  up  the  Susquehanna  could 
be  charged  on  the  Government.  I  then  read  several  clauses  of 
the  act  declaring  the  Susquehanna  and  its  branches  highways 
to  the  Maryland  line.  I  declared  I  did  not  think  there  was  a 
single  Pennsylvanian  of  character  that  could  be  so  base  as  to 
wish  the  shutting  up  the  mouth  of  that  river ;  that  for  my 
part  I  considered  the  proviso  as  harmless,  and  if  it  tended  to 
give  satisfaction  to  the  public  at  large  or  any  individuals  I  had 
no  objection  to  it ;  that  I  thought  the  business  on  the  part  of 
Pennsylvania  done  already  ;  but  if  any  more  was  wanted,  I  had 
no  doubt  of  their  doing  it.  I  could  for  my  part  apprehend  no 


SEPT.  23]  PHILADELPHIA^  AGAINST  THE  SUSQUEHANNA.  101 

danger  from  the  proviso.  Much,  it  was  said,  was  put  by  it  in 
the  President's  power ;  but  lie  had  his  honor  to  support.  I 
was  convinced  he  would  neither  traffic  with  his  own  character 
nor  the  public  expectation ;  and  I  was  convinced  no  defect 
would  be  experienced  on  the  part  of  the  State  of  Pennsylvania. 

The  rage  for  speaking  did  not  subside,  but  it  took  a  differ 
ent  turn.  Mr.  Morris  said  he  did  not  know  of  that  law»  The 
question,  however,  was  put,  and  five  only  rose  for  rejecting 
the  proviso — Morris,  King,  Schuyler,  Johnson,  and  Dalton. 
There  was  now  a  cry  for  adjournment  to  see  the  balloon,  and 
the  Senate  rose. 

Mr.  Clymer  called  about  eight  o'clock.  Began  to  speak 
against  the  Susquehanna.  Said  there  was  an  old  interest  and 
a  new  interest  starting  up  to  destroy  it  in  Pennsylvania,  by 
sending  the  trade  into  the  neAv  interest ;  that  he  would  not  for 
a  thousand  guineas  the  law  would  pass  ;  that  the  old  commer 
cial  interest  had  nourished  Philadelphia ;  it  was  an  ornament 
to  the  State.  He  seemed  willing  to  persuade  me  that  I  should 
vote  against  the  bill.  I  asked  him  how  he  thought  it  wrould 
look  for  me  to  vote  against  it  when  they  had  all  voted  for  it 
on  Monday  last  ?  He  said  he  was  induced  to  do  so,  expecting 
a  change  in  the  Senate ;  that  he  would  not  for  half  his  estate 
he  had  done  so ;  that  he  was  duped  into  it.  I  told  him  that 
was  not  my  case,  for  I  had  followed  my  judgment  hitherto, 
and  would  continue  to  do  so  ;  that  if  we  changed  our  ground 
in  the  Senate,  and  could  insert  any  other  place  than  the  Sus 
quehanna,  we  lost  our  hold  of  the  Eastern  people,  and  the 
whole  fell  to  the  ground,  agreeable  to  what  I  had  told  him  on 
Monday  week,  and  that  at  the  next  session  Virginia  would 
come  forward  with  five  members  from  North  Carolina,  and  be 
joined  by  twro  or  three  from  Pennsylvania,  and  we  should  in 
fallibly  go  to  the  Potomac — and,  for  my  part,  I  would  rather 
stay  on  the  Susquehanna.  He  declared  for  his  part  he  would 
not. 

Mr.  Clymer  used  to  extol  the  advantages  of  the  Susquehan 
na,  and  declared,  as  he  sat  at  my  bedside  about  a  fortnight  ago, 
that  no  position  in  Pennsylvania  was  equal  to  the  Susquehan 
na.  All  this  change  has  taken  place  since  General  Irwin  came 
to  town  and  declared  there  was  a  contract  on  foot  for  clearing 
11 


102  DEFECTION  OF  MR.  MORRIS.  [1789 

the  Conewago  Falls  for  four  thousand  pounds.  Now  what 
am  I  to  think  of  the  citizens  of  Philadelphia  and  some  others 
of  the  Pennsylvania  delegation  ?  Can  I  help  concluding,  on 
the  most  undeniable  data,  as  well  from  what  I  have  heard  from 
circumstances  and  their  own  declarations,  that  they  ever  have 
been  opposed  to  the  Susquehamia,  and  voted  for  it  purely  to 
save  their  popularity  in  the  State,  and  trusted  to  Morris,  who 
is  a  six-years  man,  and  who  on  all  occasions  despises  the  voice 
of  the  people,  to  destroy  the  bill  in  the  Senate  ?  Have  I  a 
name  for  such  conduct  ?  Thus  barefacedly  to  drive  away  Con 
gress  from  the  State,  rather  than  a  few  barrels  of  flour  shall 
pass  by  the  Philadelphia  market  in  descending  the  Susquehan- 
na,  and  rather  than  the  inhabitants  of  this  river  should  enjoy 
the  natural  advantages  of  opening  the  navigation  of  it !  I 
think  it  probable  these  arts  will  prevail. 

September  Bl^th. — This  day  marked  the  perfidy  of  Mr. 
Morris  in  the  most  glaring  colors.  Notwithstanding  his  en 
gagement  entered  into  at  the  City  Tavern,  notwithstanding 
his  promises  repeated  in  many  companies  afterward,  he 
openly  voted  against  the  Susquehamia.  King,  Schuyler,  and 
all  the  New  England  men  except  Dr.  Johnson,  voted  against 
it.  Mr.  Morris'  vote  alone  would  have  fixed  us  on  the  Sus 
quehamia  forever.  The  affair  has  taken  the  very  turn  I  pre 
dicted.  Our  ruin  is  plotted,  contrived,  and  carried  on  in  con 
junction  with  the  Yorkers.  I  gave  an  account  of  the  center 
of  population  being  in  Pennsylvania — the  center  of  wealth  and 
the  geographical  center.  "Went  at  large  into  all  the  detail  of 
the  Potomac  and  the  Susquehanna.  When  the  Potomac  was 
voted  for,  I  was  long  on  my  legs — or  I  shall  say  my  knees — 
and  they  grew  weary.  We  easily  threw  out  the  Potomac,  but 
I  well  knew  all  this  was  in  vain. 

This  whole  morning  and  for  half  an  hour  after  the  Senate 
met,  the  York  Senators  and  Representatives  were  in  the  com 
mittee  room,  and  Mr.  Morris  running  backward  and  forward, 
like  a  boy,  taking  out  one  Senator  after  another  to  them,  and 
Adams  delaying  business  for  them.  No  business  was  ever 
treated  with  more  barefaced  partiality.  Mr.  Morris  moved 
that  the  words  "  at  some  convenient  place  on  the  banks  of  the 
Susquehamia,"  etc.,  should  be  struck  out,  and  that  it  might  re- 


SEPT.  24]        RECONSIDERATION  BY  THE  MINORITY.  163 

main  a  blank  for  any  gentleman  that  pleased  to  name  a  place. 
I  objected  to  this  as  unfair,  for  by  this  means  the  banks  of  the 
Susquehanna  would  be  thrown  out,  when  in  fact  that  place 
might  have  more  friends  than  any  other  individual  place,  for 
all  those  who  wished  a  different  place  would  unite  on  this  vote, 
however  different  their  views  might  otherwise  be ;  and  thus 
the  place  rejected  in  the  first  instance  would  be  laid  under  an 
unfavorable  impression ;  that  I  saw  no  reason  to  deviate 
from  the  common  mode,  which  had  always  been  to  move  to 
strike  out  certain  words  in  order  to  insert  certain  other  words, 
and  thus  men  would  plainly  see  their  way  clear  and  the  inten 
tion  of  the  mover. 

Mr.  Adams  answered  me  from  the  chair — said  it  was  all 
fair.  It  was  in  vain  to  argue.  The  question  was  put,  and 
seven  only  rose.  Up  got  Mr.  Morris ;  said  the  question  was 
not  understood,  and  began  his  explanations.  He  said  he  had 
often  wished  to  explain  himself  on  the  subject  of  the  residence, 
but  was  always  prevented ;  that  Pennsylvania  was  averse  to 
the  Susquehanna  and  would  give  one  hundred  thousand  dollars 
to  place  it  at  Germantown.  I  rose  to  the  point  of  order  ;  de 
clared  that  no  motion  or  application  for  reconsideration  could 
be  received  from  a  member  "  in  the  minority."  Quoted  par 
liamentary  practice  and  appealed  to  the  Chair.  Mr.  Adams  now 
made  one  of  his  speeches.  Unfortunately,  it  seems  none  of  our 
rules  reached  the  point.  New  matter  had  been  alleged  in 
argument,  etc.  It  was  in  vain  that  I  alleged  that  no  business 
ever  could  have  a  decision  if  minority  members  were  permitted 
to  move  reconsiderations  under  every  pretense  of  new  argu 
ment.  Adams  gave  it  against  me. 

Mr.  Morris  now  assumed  a  bolder  tone  ;  flamed  away  in 
favor  of  Germantown  ;  repeated  his  offers  in  the  name  of 
the  State,  etc.  I  declared  I  considered  myself  to  enjoy  the 
confidence  of  Pennsylvania  in  as  unlimited  a  manner  as  my 
honorable  colleague ;  that  I  firmly  believed  the  general  sense 
of  the  State  was  more  in  favor  of  the  Susquehanna  than  Ger 
mantown,  and  that,  if  money  was  to  be  given,  the  Susquehanna 
was  most  likely  to  obtain  it.  I,  however,  denied  that  any 
State  money  was  appropriated  to  any  such  purpose,  and  called 
on  my  colleague  to  produce  the  authority  on  which  he  made 


164  MORRIS  OFFERS  $100,000  FOR  CONGRESS.  [1789 

the  offer.  He  now  came  forward,  the  great  man  and  the  mer 
chant — pledged  himself  that,  if  the  State  would  not,  he  would 
find  the  money. 

A  vacant  stare,  on  this,  seemed  to  occupy  the  faces  of  the 
Senate.  But  the  New  England  men  helped  him  out.  It  was 
proposed  that  the  validity  of  the  law  should  depend  on  the 
payment  of  the  money,  and  that  a  clause  for  this  purpose 
should  now  be  inserted  in  the  bill.  And  to  work  some  of 
them  went  in  fabricating  such  a  clause.  Mr.  Morris  had  not 
yet  been  regularly  seconded ;  but  I  began  to  see  when  it  was 
too  late  that  I  had  committed  a  mistake  in  not  appealing  to 
the  House  from  the  decision  of  the  Chair. 

Bassett  got  up  and  recanted  ;  said  he  had  not  understood 
the  question.  This  is  usual  with  him.  This  man  has  re 
peatedly,  of  his  own  accord,  told  me  that  the  Susquehanna  was 
the  only  proper  place.  It  was  in  vain  that  we  urged  that  the 
question  was  fairly  put.  A  reconsideration  was  called  for. 
There  is  really  such  a  thing  as  worrying  wreak  or  indifferent 
men  into  a  vote.  Urging  that  the  matter  had  not  been  suffi 
ciently  explained  and  understood,  how  fair  and  inoffensive  the 
measure,  etc. — all  these  arts  were  played  off  with  the  utmost 
address  on  this  occasion,  and  the  weight  of  John  Adams  suc 
ceeded.  It  was  reconsidered,  and  eleven  voted  for  this  "  fair 
and  inoffensive  "  measure. 

In  a  moment,  by  way  of  fixing  themselves  against  the  Sus 
quehanna,  although  it  was  still  called,  we  will  take  a  vote  on 
the  Susquehanna.  The  yeas  and  nays  were  called.  And  now 
Grayson  and  Lee  moved  for  the  Potomac.  They  had  moved 
for  striking  out  the  word  Pennsylvania  so  as  to  leave  the 
whole  banks  of  the  Susquehanna  open,  and  lost  it.  Now  a  most 
lengthy  debate,  in  which  I  supported  the  Susquehanna ;  but  it 
is  too  much  to  insert  what  I  said.  The  Potomac  lost  it,  and 
the  blank  now  remained.  Mr.  Butler  now  rose  and  moved  to 
fill  the  blank  with  the  words  "  banks  of  Susquehanna,"  etc., 
the  same  words  which  had  been  struck  out.  I  seconded  the 
motion.  Up  got  Mr.  Morris  and  opposed  this  with  warmth. 
He  allowed  that  there  might  be  a  question  taken  on  the  Sus 
quehanna,  but  he  would  have  a  vote  taken  on  his  place  first. 
Butler  insisted  that,  as  his  motion  was  fairly  before  the  House 


SEPT.  25J    ADAMS  GIVES  CONGRESS  TO  GERMANTOWN.  1^5 

and  seconded,  it  must  be  disposed  of.  Morris  replied  without 
any  reason  on  his  side,  indeed ;  but  he  had  no  need  of  reason 
when  he  had  votes  enough  at  hand.  King  got  up  and  said  he 
had  no  objection  to  a  vote  being  taken  on  the  Susquehanna, 
but  it  ought  to  be  the  last  place.  However,  for  the  sake  of 
order,  they  had  to  move  a  postponement  of  the  motion  on  the 
Susquehanna.  The  postponement  was  carried. 

Mr.  Morris  then  came  forward  with  an  amendment  for 
locating,  ten  miles  square,  adjoining  the  city  of  Philadelphia, 
in  the  counties  of  Philadelphia,  Chester,  and  Bucks,  including 
Germantown,  with  a  proviso  that  the  act  should  not  be  in  force 
until  one  hundred  thousand  dollars  should  be  secured  to  the 
United  States  by  Pennsylvania,  etc.  I  could  not  abandon  the 
Susquehanna,  at  any  rate  in  the  present  stage  of  the  business ; 
but  for  me  to  enter  into  a  proviso  which  would  operate  as  an 
engagement  on  the  State  without  the  least  authority  for  so 
doing,  appeared  to  me  highly  improper.  I,  therefore,  under 
every  view  of  the  matter,  concluded  in  a  moment  to  vote 
against  the  motion. 

The  Susquehanna  bill  placed  the  Federal  town  in  the  heart 
of  Pennsylvania,  provided  for  purchasing  the  land,  erecting 
buildings,  etc.,  without  one  farthing  expense  to  the  State,  to 
say  nothing  of  the  most  important  object  of  clearing  the  Sus 
quehanna,  which  would  be  done  by  Federal  and  Maryland 
money,  in  case  of  Congress  being  placed  on  its  banks.  I 
therefore  reserved  my  vote  for  the  Susquehanna.  The  House 
divided  on  Mr.  Morris'  motion — nine  and  nine.  The  Presi 
dent  rose  to  give  the  casting  vote.  He  spoke  well  of  the 
Potomac  (to  gratify  the  Virginians),  slightly  of  the  Susque 
hanna  (which  had  but  few  friends),  highly  of  Philadelphia 
and  K"ew  York,  in  each  of  which  places,  he  said,  Congress 
ought  to  stay  alternately  four  years  at  a  time;  said  if  the 
question  were  to  reject  the  whole  business,  he  could  have  no 
doubt,  but,  as  Pennsylvania  had  offered  the  money,  he  would 
vote  for  Germantown.  Thus  fell  our  hopes.  This  unwar 
ranted  offer  of  money  knocked  down  the  Susquehanna.  It 
was  now  near  four  o'clock,  and  an  adjournment  was  called  for 
and  took  place. 

September  25th. — A  good  deal   unwell,  but  attended  the 


166  FURNISHING  THE  PRESIDENT'S  HOUSE.  [1789 

Hall.  The  Secretary  had  omitted  the  first  question  on  the 
striking  out  of  the  Susquehanna  and  the  reconsideration.  He, 
however,  corrected  it  himself  afterward,  with  the  leave  of  the 
House.  The  affair  of  one  Brown  Glassbrock,  took  up  some 
time,  but  was  postponed.  Carrol  now  moved  to  strike  out  the 
residence  being  in  New  York  until  the  Federal  building 
should  be  erected.  I  determined  to  leave  myself  free  from 
any  obligation  to  stay  in  New  York,  and  voted  with  him,  more 
especially  as  I  was  free  from  all  obligation  whatever.  Mr. 
Morris  now  began  to  dress  the  bill,  but  seemed  slack  about  the 
one  hundred  thousand  dollars.  He  was  called  on  from  the 
Chair,  however,  and  sundry  parts  of  the  House  to  bring  it  for 
ward.  I  was  very  unwell,  and  left  him  to  dress  his  own  child 
as  he  pleased,  and  came  home. 

This  evening  Mr.  Scott  called  to  see  me.  He  said  Mr. 
Morris,  Mr.  Clymer,  and  Mr.  Fitzsimons  assured  him  that  the 
Yorkers  and  the  New  England  men  would  pass  the  bill, 
and  that  the  Pennsylvanians,  Mr.  Clymer  and  Mr.  Fitzsimons 
had  promised  that  Congress  should  stay  three  years  in  New 
York.  Mr.  Wynkoop  then  said  that  they  had  made  such  a 
bargain.  I  told  them  that  wras  the  first  account  I  had  heard  of 
the  matter.  I  expressed  my  doubts  of  their  sincerity.  "Wyn- 
koop  was  sure  of  them,  and  that  he  could  depend  on  them,  etc. 

September  %6th. — Yery  unwell  this  day,  but  dressed  and 
went  to  the  Hall.  Sat  some  time.  The  Appropriation  bill 
was  taken  up.  And  now  Colonel  Sclmyler  brought  forward 
an  account  of  eight  thousand  dollars  expended  by  Mr.  Osgood 
in  repairing  and  furnishing  at  the  house  which  the  President 
lives  in.  This  was  a  great  surprise  to  me,  for,  although  a  vote 
had  originated  in  the  House  of  Representatives  for  furnish 
ing  the  house,  yet  I  considered  that  allowance  for  all  this  had 
been  made  in  the  President's  salary.  I  was,  however,  taken  so 
unwell  that  I  had  to  come  home. 

When  I  first  went  into  the  Senate  chamber  this  morning, 
the  Yice-President,  Elsworth,  and  Ames  stood  together,  rail 
ing  against  the  vote  of  adherence  in  the  House  of  Representa 
tives  on  throwing  out  the  words  "  the  President  "in  the  begin 
ning  of  the  Federal  writs.  I  really  thought  them  wrong,  but, 
as  they  seemed  very  opinionated,  I  did  not  contradict  them. 


SEPT.  26]  IS  THE  PRESIDENT  ABOVE  LAW? 

This  is  only  a  part  of  their  old  system  of  giving  the  President 
as  far  as  possible  every  appendage  of  royalty.  The  original 
reason  of  the  English  writs  running  in  the  King's  name  was 
his  being  personally  in  court,  and  English  jurisprudence  still 
supposes  him  to  be  so.  But  with  us  it  seems  rather  confound 
ing  the  executive  and  judicial  branches.  Ames  left  them,  and 
they  seemed  rather  to  advance  afterward.  Said  the  President, 
personally,  was  not  the  subject  to  any  process  whatever ;  could 
have  no  action  whatever  brought  against  him ;  was  above  the 
power  of  all  judges,  justices,  etc.  For  what,  said  they,  would 
you  put  it  in  the  power  of  a  common  justice  to  exercise  any 
authority  over  him  and  stop  the  whole  machine  of  Govern 
ment  ?  I  said  that,  although  President,  he  is  not  above  the 
laws.  Both  of  them  declared  you  could  only  impeach  him, 
and  no  other  process  whatever  lay  against  him. 

I  put  the  case :  "  Suppose  the  President  committed  mur 
der  in  the  street.  Impeach  him  ?  But  you  can  only  remove 
him  from  office  on  impeachment.  Why,  when  he  is  no  longer 
President  you  can  indict  him.  But  in  the  mean  time  he  runs 
away.  But  I  will  put  up  another  case.  Suppose  he  continues 
his  murders  daily,  and  neither  House  is  sitting  to  impeach 
him.  Oh,  the  people  would  rise  and  restrain  him.  Very 
well,  you  will  allow  the  mob  to  do  what  legal  justice  must  ab 
stain  from."  Mr.  Adams  said  I  was  arguing  from  cases  nearly 
impossible.  There  had  been  some  hundreds  of  crowned  heads 
within  these  two  centuries  in  Europe,  and  there  was  no  in 
stance  of  any  of  them  having  committed  murder.  Very  true, 
in  the  retail  way,  Charles  IX  of  France  excepted.  They  gen 
erally  do  these  things  on  a  great  scale.  I  am,  however,  cer 
tainly  within  the  bounds  of  possibility,  though  it  may  be  im 
probable.  General  Schuyler  joined  us.  "  "What  think  you, 
General  ? "  said  I,  by  way  of  giving  the  matter  a  different  turn. 
"  I  am  not  a  good  civilian,  but  I  think  the  President  a  kind  of 
sacred  person."  Bravo,  my  "jure  divino "  man  !  !Not  a 
word  of  the  above  is  worth  minuting,  but  it  shows  clearly  how 
amazingly  fond  of  the  old  leaven  many  people  are.  I  needed 
no  index,  however,  of  this  kind  with  respect  to  John  Adams. 

September  27th. — Being  Sunday  and  a  very  stormy  day,  I 
stayed  at  home  all  day.  Did  nothing  but  write  letters  to  my 


168  "GERMANTOWN  HAS  GOT  CONGRESS!"  [1789 

family.  Exceedingly  tired  of  this  place,  but  the  day  of  my 
departure  draws  nigh,  and  I  am  much  better  than  I  have  been, 
and  hope  I  shall  be  able  to  travel  well  enough.  Saw  no  person 
whatever  save  Mr.  Wynkoop,  who  returned  from  an  excursion 
he  made  over  the  river. 

September  28th. — Felt  pretty  well  in  the  morning.  Dressed 
and  went  to  the  Hall ;  sat  a  little  while,  but  had  to  get  up  and 
walk  in  the  machinery-room.  Viewed  the  pendulum  mill — a 
model  of  which  stands  there.  It  really  seems  adapted  to  do 
business.  Eeturned  and  sat  awhile  with  the  Senate,  but  retired 
and  came  home  to  my  lodgings.  Sincerely  hope  an  adjourn 
ment  will  take  place  to-morrow.  The  pay  list  is  making  out, 
which  seems  likely  to  finish  the  business.  Left  the  old  acts  of 
Congress,  in  thirteen  volumes,  with  Mr.  Yandalsen,  and  one 
small  writing-desk. 

Mr.  Wynkoop  came  in  in  the  highest  joy.  All  was  well. 
Germantown — happy  Germantown — has  got  the  Congress  !  He 
ravished  up  his  dinner,  got  his  trunk  and  boots,  and  away  with 
him  to  tell  the  glorious  news.  I  can  not  help  having  a  despi 
cable  opinion  of  this  man.  It  would  not  be  easy  to  find  a  more 
useless  member.  He  never  speaks,  never  acts  in  Congress,  but 
implicitly  follows  the  two  city  members.  He  does  not  seem 
formed  to  act  alone  even  in  the  most  trifling  affair.  Well  it  is 
for  him  that  he  is  not  a  woman  and  handsome,  or  every  fellow 
would  debauch  him. 

I  have  just  been  thinking  how  impossible  it  is  for  the 
Yorkers  to  be  so  blind  as  to  let  Congress  go  away  in  the  man 
ner  Wynkoop  says  they  have  done.  If  the  lower  House  have 
really  passed  the  bill,  the  Yorkers  have  no  resource  but  in  the 
President.  I  am  greatly  surprised  at  this  day's  work.  I  have 
opened  the  book  and  taken  up  my  pen  to  wipe  away  all  the 
surprise  above  mentioned.  Parson  Lynn  has  just  told  me  that 
some  trifling  amendment  was  tacked  to  the  bill,  just  sufficient 
to  send  it  up  to  the  Senate,  and  the  Senate  have  thrown  it  out ; 
and  with  the  consent  of  the  Philadelphians,  too,  I  suppose. 

Just  as  I  was  leaving  the  Hall,  Izard  took  me  aside,  asked 
me  to  stay ;  said  a  trifling  amendment  will  be  made  in  the 
lower  House,  just  enough  to  bring  it  up  here,  and  we  will 
throw  it  out.  I  told  him  I  wished  nothing  so  much  as  to  see 


SEPT.  29]  OFF  FOR  HOME.  169 

an  end  of  the  business.  I  was  not  able  to  attend,  but,  if  I  was, 
could  not  be  with  him  on  this  question.  Well,  then  you  must 
not  tell  Morris  of  this.  I  was  just  going  away,  and  said  I 
will  not. 

[September]  %9ih.— Came  to  the  Hall.  Saw  Mr.  Morris.  I 
did  not  envy  him  his  feelings.  I  might  be  mistaken,  but  he 
looked  as  if  he  feared  me.  I  determined  not  to  say  a  word  to 
him  save  the  salutation  of  good-morning,  which  passed  mu 
tually  between  us.  To  praise  his  management  was  impossible, 
and  I  really  felt  such  contempt  for  his  conduct  as  placed  me 
far  above  the  thoughts  of  any  reproaches.  He  came  to  me 
after  some  time  and  desired  me  to  walk  into  the  committee- 
room.  He  there  told  me  that  Grayson  would  be  absent  on 
account  of  his  health ;  that  Dr.  Johnson  had  said  he  would  be 
absent,  and  now  let  us  play  the  Yorkers  a  trick.  Let  us  call 
a  reconsideration,  and  perhaps  we  may  carry  it.  I  objected  to 
that  mode  of  doing  business ;  and,  besides,  counted  the  votes 
and  showed  him  that  the  attempt  was  vain,  even  if  John  Adams 
was  in  favor  of  the  bill,  which  we  well  knew  he  was  not.  In 
the  mean  time,  White  and  Dr.  Johnson  came  in.  By  way  of 
concluding  the  business  of  the  tete-a-tete,  I  said  there  was  no 
better  method  than  leaving  the  business  with  a  philosophic 
face.  We  returned  to  the  Senate,  and  I  have  my  doubts 
whether  he  meant  anything  more  than  an  essay  to  talk  me  into 
good  humor,  on  a  supposition  that  I  was  soured  at  his  conduct. 

I  could  not  sit  in  the  Senate  ;  came  out  and  reclined  as  well 
as  I  could  in  the  little  committee-room.  Elsworth  came  out  in 
a  little  time.  I  asked  him  if  the  business  was  got  through  in 
the  Senate.  He  said  yes.  I  then  went  to  the  treasury,  drew 
my  pay,  discharged  my  lodgings,  took  a  place  in  the  stage,  and 
set  off  for  Philadelphia. 


SECOND   SESSION 
OF  THE  FIRST  CONGRESS. 


JAN.  7]  OPENING  OF  THE  SECOND  SESSION.  173 


CHAPTEK  V. 

SPECULATION    IN    CERTIFICATES. 

January  5th  [1790']. — Arrived  at  New  York  late  on  the 
5th  and  went  to  lodge  at  the  same  house  with  the  Speaker 
of  the  House  of  Representatives  and  Peter  Muhlenberg,  his 
brother,  at  Dr.  Kuntz's. 

[January]  6th. — Attended  at  the  Hall,  and  my  presence 
completed  a  quorum.  A  letter  from  the  President  of  the 
United  States  was  received,  desiring  to  be  informed  of  the  time 
a  quorum  would  be  formed,  etc.  Was  committed  to  Izard  and 
Strong.  Nothing  else  of  any  consequence.  Adjourned. 

[January]  7th. — Attended  as  usual.  When  the  minutes 
were  read,  Mr.  King  rose  and  made  a  motion  to  amend  the 
journals  of  yesterday  with  respect  to  the  President's  letter  by 
striking  out  all  that  part  and  inserting  a  clause  which  he  held 
in  his  hand.  I  saw  the  thing  was  preconcerted,  and  therefore 
did  not  choose  to  waste  time.  The  thing  was  done,  though 
contrary  to  all  rule.  Strong  and  Dalton  moved  to  have  the 
word  "  honorable "  struck  out  from  before  the  names  of  the 
members.  Lost.  Motion  for  leave  to  protest  by  Butler  not 
seconded.  « 

Strong  and  Izard  reported  that  the  President  would  attend 
in  the  Senate  chamber  at  eleven  o'clock  to-morrow.  A  resolu 
tion  of  the  Representatives  for  appointing  of  a  chaplain  was 
concurred  in,  and  the  Bishop  appointed  on  the  part  of  the 
Senate. 

This  day,  at  and  after  dinner,  I  thought  uncommon  pains 
were  taken  to  draw  from  me  some  information  as  to  the  part  I 
would  act  respecting  the  Federal  residence.  The  whole  w^orld 
is  a  shell,  and  we  tread  on  hollow  ground  at  every  step.  I 


174  WASHINGTON   ADDRESSES   CONGRESS.  [1790 

repeatedly  said,  I  have  marked  out  no  ground  for  myself.  My 
object  shall  be  the  interest  of  Pennsylvania,  subordinate  to  the 
good  of  the  Union.  Mr.  "Wynkoop  called  in  the  evening.  He 
was  directly  on  the  subject  of  the  permanent  residence.  The 
Susquehanna  must  never  be  thought  of.  He  repeated  this 
sentiment  more  than  once.  To  have  been  silent  would  have 
implied  consent  to  it.  I  said,  for  my  part,  I  should  think  of 
the  Susquehanna,  and  I  considered  Mr.  Morris'  conduct  in 
destroying  the  bill  for  that  place  as  the  greatest  political  mis 
fortune  that  ever  befell  that  State. 

January  8th. — All  this  morning  nothing  but  bustle  about 
the  Senate  chamber  in  hauling  chairs  and  removing  tables. 
The  President  was  dressed  in  a  second  mourning,  and  read  his 
speech  well.  The  Senate,  headed  by  their  Yice-President, 
*were  on  his  right.  The  House  of  Representatives,  with  their 
Speaker,  were  on  his  left.  His  family  with  the  heads  of  de 
partments  attended.  The  business  was  soon  over  and  the  Sen 
ate  were  left  alone.  The  speech  was  committed  rather  too 
hastily,  as  Mr.  Butler  thought,  who  made  some  remarks  on  it, 
and  was  called  to  order  by  the  Chair.  He  resented  the  call, 
and  some  altercation  ensued.  Adjourned  till  Monday. 

January  9th. — Spent  this  forenoon  in  paying  visits,  and  in 
the  afternoon  wrote  to  my  family. 

January  10th. — Being  Sunday,  stayed  at  home  all  day,  as 
it  was  very  cold.  Read,  etc.  The  Speaker  told  me  this  day 
what  I  have  been  no  stranger  to  for  a  considerable  time  past ; 
that  a  certain  set  in  Philadelphia  were  determined  to  have  me 
out  of  the  Senate ;  that  Armstrong  was  brought  forward  for 
that  purpose,  etc.  A  small  concern,  indeed,  and  I  am  happy 
that  it  did  not  hurt  me. 

January  llth. — The  .  Senate  received  from  General  Knox 
the  proceedings  of  the  commissioners  on  the  embassy  to  the 
Southern  Indians.  A  considerable  part  of  the  day  spent  in 
reading  them.  'Tis  a  spoiled  piece  of  business ;  and,  by  way 
of  justification  of  their  conduct  in  not  having  made  peace,  they 
seem  disposed  to  precipitate  the  United  States  into  war ;  the 
not  uncommon  fruits  of  employing  military  men.  This,  how 
ever,  is  but  my  first  idea  of  the  business.  Wish  I  may  have 
occasion  to  alter  it.  Mr.  Lear  brought  in  a  ratification  from 


JAN.  12]  ANSWER  TO   WASHINGTON'S   ADDRESS.  If5 

the  State  of  North  Carolina,  or  rather  a  copy  of  it,  from  the 
President. 

And  now  the  committee  reported  an  answer  to  the  Presi 
dent's  speech.  The  most  servile  echo  I  ever  heard.  There 
was,  however,  no  mending  it.  One  part  of  it  seemed  like 
pledging  the  Senate  to  pay  the  whole  amount  of  the  public 
debt.  This  was,  however,  altered.  Many  of  the  clauses  were 
passed,  without  either  aye  or  no,  in  silent  disapprobation.  I 
told  both  King  and  Patterson  that  I  had  never  heard  so  good 
an  echo,  for  it  repeated  all  the  words  entire.  They  both  de 
nied  that  they  had  anything  to  do  with  it,  and  said  it  was 
Izard's  work. 

January  12th. — Yi sited  from  breakfast-time  to  eleven  with 
the  Speaker  and  General  Muhlenberg.  On  reading  the  min 
utes  it  was  plain  that  our  Secretary  had  neither  system  nor 
integrity  in  keeping  the  journal.  It  is  not,  however,  worth 
while  to  blot  paper  with  his  blunders.  In  now  came  General 
Knox  with  a  bundle  of  communications.  I  thought  the  act 
was  a  mad  one,  when  a  Secretary  of  "War  was  appointed  in 
time  of  peace.  I  can  not  blame  him.  The  man  wants  to  labor 
in  his  vocation.  Here  is  a  fine  scheme  on  paper :  To  raise 
5,040  officers,  non-commissioned  ameers,  and  privates,  at  the 
charge  of  §1,152,000  for  a  year,  to  go  to  war  with  the  Creeks 
because  the  commissioners,  being  ignorant  of  Indian  affairs, 
failed  of  making  a  treaty  after  having  spent  $15,000  to  no 
manner  of  purpose.  But  we  will  see  what  will  become  of 
it. 

I  made  an  unsuccessful  motion  when  it  was  proposed  that 
the  whole  Senate  should  wait  on  the  President  with  answer  to 
the  speech.  First  I  wished  for  delay,  that  we  might  see  the 
conduct  adopted  by  the  House  of  Representatives.  I  thought 
it  likely  they  would  do  the  business  by  a  committee.  In  that 
case  I  wished  to  imitate  them ;  and  as  a  committee  with  us 
had  done  all  the  business  so  far,  I  wished  it  to  continue  in  their 
hands,  that  they  might  have  exclusively  all  the  honors  attend 
ant  on  tie  performance ;  that  I,  as  a  republican,  was,  how 
ever,  opposed  to  the  whole  business  of  echoing  speeches.  It 
was  a  stale  ministerial  trick  in  Britain  to  get  the  Houses  of 
Parliament  to  chime  in  with  the  speech,  and  then  consider 


176  ANSWER  TO   WASHINGTON'S  ADDRESS.  [1790 

them  as  pledged  to  support  any  measure  which  could  be  grafted 
on  the  speech.  It  was  the  Socratic  mode  of  argument  intro 
duced  into  politics  to  entrap  men  into  measures  they  were  not 
aware  of.  I  wished  to  treat  the  speech  in  quite  a  different 
manner.  I  would  commit  it  for  the  purposes  of  examining 
whether  the  subjects  recommended  in  it  were  proper  for  the 
Senate  to  act  upon.  If  they  were  found  to  be  so,  I  would 
have  committees  appointed  to  bring  forward  the  necessary 
bills.  But  we  seem  to  neglect  the  useful  and  content  ourselves 
with  compliments  only,  and  dangerous  ones,  too.  But  for  my 
part  I  would  not  consider  myself  as  committed  by  anything 
contained  in  the  answer. 

January  13th. — This  was  a  day  of  small  importance  in  the 
Senate.  Mr.  Hawkins,  a  Senator  from  North  Carolina,  took 
his  seat.  The  silliest  kind  of  application  came  from  our  Vice- 
President  that  the  Senate  should  direct  him  to  sign  some  bills 
for  furniture  got  for  Mr.  Otis.  I  opposed  it,  as  I  know 
Otis.  There  is,  in  all  probability,  some  roguery  in  it.  It 
was,  however,  dropped,  and  the  Senate,  after  sitting  idle  for 
a  considerable  time,  adjourned. 

January  IJ^th. — This  was  the  day  devoted  to  ceremony  by 
both  Houses  of  Congress.  At  eleven  o'clock  the  Senate  at 
tended  at  the  President's  to  deliver  their  answer.  At  twelve 
o'clock  the  House  of  Representatives  attended.  It  is  not 
worth  while  minuting  a  word  about  it.  We  went  in  coaches. 
Got  our  answer,  which  was  short.  Returned  in  coaches. 
Sauntered  an  hour  in  the  Senate  chamber  and  adjourned. 
Every  error  in  government  will  work  its  own  remedy  among 
a  free  people.  I  think  both  Senators  and  Representatives  are 
tired  of  making  themselves  the  gazing-stock  of  the  crowd  and 
the  subject  of  remark  by  the  sycophantic  circle  that  surround 
the  President  in  stringing  to  his  quarters ;  and  I  trust  the 
next  session  will  either  do  without  this  business  altogether,  or 
do  it  by  a  small  committee  that  need  not  interrupt  the  busi 
ness  of  either  House.  I  have  aimed  at  this  point  all  along. 
It  is  evident  from  the  President's  speech  that  he  wishes  every 
thing  to  fall  into  the  British  mode  of  business.  "•  I  have  di 
rected  the  proper  officers  to  lay  before  you,"  etc.  Compli 
ments  for  him  and  business  for  them.  He  is  but  a  man,  but 


JAN.  15]  DINNER  WITH  THE  PRESIDENT.  177 

really  a  good  one,  and  we  can  have  nothing  to  fear  from  him, 
but  much  from  the  precedents  he  may  establish. 

Dined  this  day  with  the  President.  It  was  a  great  dinner 
— all  in  the  taste  of  high  life.  I  considered  it  as  a  part  of  my 
duty  as  a  Senator  to  submit  to  it,  and  am  glad  it  is  over.  The 
President  is  a  cold,  formal  man  ;  but  I  must  declare  that  he 
treated  me  with  great  attention.  I  was  the  first  person  with 
whom  he  drank  a  glass  of  wine.  I  was  often  spoken  to  by 
him.  Yet  he  knows  how  rigid  a  republican  I  am.  I  can  not 
think  that  he  considers  it  worth  while  to  soften  me.  It  is 
not  worth  his  while.  I  am  not  an  object  if  he  should  gain 
me,  and  I  trust  he  can  not  do  it  by  any  improper  means. 

This  day  the  "  budget,"  as  it  is  called,  was  opened  in  the 
House  of  Representatives.  An  extraordinary  rise  of  certifi 
cates  *  has  been  remarked  for  some  time  past.  This  could 
not  be  accounted  for,  neither  in  Philadelphia  nor  elsewhere. 
But  the  report  from  the  Treasury  explained  all.  He  [Secre 
tary  Hamilton]  recommends  indiscriminate  funding,  and,  in  the 
style  of  a  British  minister,  has  sent  down  his  bill.  'Tis  said 
a  committee  of  speculators  in  certificates  could  not  have  formed 
it  more  for  their  advantage.  It  has  occasioned  many  serious 
faces.  I  feel  so  struck  of  an  heap,  I  can  make  no  remark  on 
the  matter. 

January  15th. — Attended  at  the  Hall.  A  committee  was 
appointed  to  bring  in  a  bill  for  extending  the  judiciary  of  the 
United  States  to  North  Carolina,  and  the  Senate  adjourned. 
The  business  of  yesterday  [recommendation  for  funding  cer 
tificates  of  the  public  debt]  will,  I  think  in  all  probability, 
damn  the  character  of  Hamilton  as  a  minister  forever.  It  ap 
pears  that  a  system  of  speculation  for  the  engrossing  certifi 
cates  has  been  carrying  on  for  some  time.  Whispers  of  this 
kind  come  from  every  quarter.  Dr.  Elmer  told  me  that 

*  These  were  certificates  of  the  public  debt,  which  were  issued  in  place 
of  the  paper  money  of  the  old  Congress,  and  bore  interest  for  their  face 
value.  They  had  depreciated  to  twenty,  fifteen,  twelve,  and  even  as  low  as 
seven  cents  on  the  dollar.  It  was  the  plan  of  speculators  to  get  Congress 
to  redeem  these  certificates  of  the  public  debt  at  their  face  value,  so  for  what 
they  bought  at  seven  or  fifteen  cents  on  a  dollar  they  would  realize  a  dollar 
on  the  dollar. 
12 


1Y8  CONGRESSMEN  SPECULATING.  [1790 

Mr.  Morris  must  be  deep  in  it,  for  Ids  partner,  Mr.  Con 
stable,  of  this  place,  had  one  contract  for  forty  thousand  dol 
lars'  worth.  The  Speaker  hinted  to  me  that  General  Heister 
had  brought  over  a  sum  of  money  from  Mr.  Morris  for  this 
business ;  he  said  the  Boston  people  were  concerned  in  it. 
Indeed,  there  is  no  room  to  doubt  but  a  connection  is  spread 
over  the  whole  continent  on  this  villainous  business.  I  pray 
God  they  may  not  prosper. 

I  walked  out  this  evening.  I  call  not  at  a  single  house  or 
go  into  any  company  but  traces  of  speculation  in  certificates 
appear.  Mr.  Langdon,  the  old  and  intimate  friend  of  Mr. 
Morris,  lodges  with  Mr.  Hazard.  Mr.  Hazard  has  followed 
buying  certificates  for  some  time  past.  He  told  me  he  had 
made  a  business  of  it ;  it  is  easy  to  guess  for  whom.  I  told 
him,  "  You  are,  then,  among  the  happy  few  who  have  been 
let  into  the  secret."  He  seemed  abashed,  and  I  checked  by 
my  forwardness  much  more  information  which  he  seemed  dis 
posed  to  give. 

The  Speaker  gives  me  this  day  his  opinion  that  Mr.  Fitz- 
simons  was  concerned  in  this  business  as  well  as  Mr.  Morris, 
and  that  they  stayed  away  [from  Congress]  for  the  double 
purpose  of  pursuing  their  speculation  and  remaining  unsus 
pected.  I  have  one  criticism  with  respect  to  Mr.  Fitzsimons. 
I  have  heretofore  heard  him  declare  himself  in  the  most  un 
equivocal  manner  in  favor  of  a  discrimination.*  Mark  the 
event. 

January  16th. — As  the  Senate  stood  adjourned  over  to 
Monday,  I  had  nothing  to  do,  and  stayed  at  home  all  day. 
Wrote  letters  to  my  family.  The  speculations  in  certificates 
in  the  mouth  of  every  one. 

January  17th. — Being  Sunday,  stayed  at  home  all  day. 
Have  a  return  of  the  rheumatism ;  am  afraid  that  the  cold 
bath  has  hurt  me ;  believe  I  had  better  abstain  from  it  for  a 
while.  I  have  attended  in  the  minutest  manner  to  the  motions 
of  Hamilton  and  the  Yorkers.  Sincerity  is  not  with  them. 
They  never  will  consent  to  part  with  Congress.  Advances 
to  them  are  vain.  One  session  or  two  more  here  will  fix  us 

*  Not  to  pay  the  face  values  of  all  the  certificates,  but  to  grade  the  pay 
ments  in  proportion  to  their  depreciations. 


JAN.  19]  BUYING  UP  CERTIFICATES. 

irremovably.  We  can  move  from  here  only  by  means  of  the 
Virginians.  The  fact  is  indubitable.  I  could  write  a  little 
volume  to  illustrate  it.  Buckley  is  very  intimate  with  the 
Speaker  on  one  hand  and  Madison  on  the  other.  I  can, 
through  this  channel,  communicate  what  I  please  to  Madison  ; 
and  I  think  I  know  him.  But  if  he  is  led,  it  must  be  without 
letting  him  know  that  he  is  so  ;  in  other  words,  he  must  not 
see  the  string. 

January  18th. — Attended  at  the  Hall  at  the  usual  time. 
The  Senate  met,  but  there  was  no  business  before  them,  and 
adjourned.  Hawkins,  of  Xorth  Carolina,  said  as  he  came  up 
he  passed  two  expresses  with  very  large  sums  of  money  on 
their  way  to  ]STorth  Carolina  for  purposes  of  speculation  in 
certificates.  Wadsworth  has  sent  off  two  small  vessels  for  the 
Southern  States,  on  the  errand  of  buying  up  certificates.  I 
really  fear  the  members  of  Congress  are  deeper  in  this  business 
than  any  others.  JSTobody  doubts  but  all  commotion  origi 
nated  from  the  Treasury ;  but  the  fault  is  laid  on  Duer  but  re 
spondent  superior. 

January  19,  1790. — Senate  met  at  the  usual  hour.  I  had 
observed  Elsworth  busy  for  some  time.  There  had  been  some 
intercourse  between  him  and  Izard.  He  rose  with  a  motion  in 
his  hand  which  he  read  in  his  place.  The  amount  of  it  was 
that  a  committee  should  be  appointed  to  bring  in  a  bill  defin 
ing  crimes  and  punishments  under  the  Federal  judiciary.  He 
did  not  affect  to  conceal  that  a  bill  of  this  nature  had  been  left 
pending  before  the  Representatives  at  the  end  of  the  last  ses 
sion,  but  declared  he  wished  to  settle  an  important  point  in 
practice  :  "  whether  all  business  should  not  originate  de  novo 
with  every  session."  He  then  labored  long  to  show  that  this 
was  a  new  session,  and  concluded,  as  the  session  was  new, 
everything  else  should  be  new.  Mr.  Izard  seconded  him  in  a 
speech  which  I  thought  contained  nothing  new. 

Bassett  got  up  and  declared  that  he  had  just  taken  his  seat ; 
that  everything  was  new  to  him  ;  that  he  could  not  determine 
in  such  haste,  and  moved  a  postponement.  I  rose,  seconded 
Bassett,  and  gave  as  additional  reasons  that  the  matter  had 
been  acknowledged  to  be  of  great  importance  ;  that  I  therefore 
trusted  it  would  not  be  gone  into  with  so  thin  a  representation 


180  SHALL  BUSINESS  BE  "DE  NOVO."  [1790 

of  the  Southern  States ;  that  the  most  respectable  State  was 
not  represented  at  all ;  that  I  thought  it  improper  to  attempt 
deciding  on  a  matter  which  would  go  to  regulate  the  future 
proceedings  of  Congress  in  both  Houses,  as  it  would  be  fixing 
a  precedent  without  some  communication  with  the  House  of 
Representatives  ;  that  they  had  appointed  a  committee  to  bring 
forward  the  unfinished  business  which  had  a  very  different 
appearance  from  being  de  novo.  Gentlemen  had  argued  much 
to  show  this  was  a  new  session.  But  granting  this,  I  could  not 
see  that  the  inference  they  wished  to  draw  from  it  would  fol 
low.  They  need  not  fear  a  deficiency  of  business.  There 
would  be  enough  to  do  without  rejecting  the  progress  we 
had  made  in  the  former  session,  etc.,  for  I  was  up  a  good 
while. 

King  got  up.  He  labored  to  support  Elsworth,  and  to 
show  from  parliamentary  proceedings  that  new  sessions  origi 
nated  new  business  after  every  prorogation  of  Parliament. 
He  was  long.  I  rose,  however,  and  took  him  on  his  own 
ground  with  regard  to  the  prorogation  of  Parliaments  ;  showed 
that  it  was  a  prerogative  of  the  Crown  to  prorogue  the  Parlia 
ment  ;  that  the  British  Crown  generally  exercised  this  power 
when  the  Parliament  was  on  what  was  considered  as  forbidden 
ground ;  that  the  Parliaments  were  forced  into  this  mode  of 
procedure,  for  when  any  Parliament  had  been  prorogued  for 
handling  disagreeable  subjects,  to  attempt  to  take  them  up  in 
the  same  stage  would  inevitably  be  followed  by  the  same  fate. 
They  were,  therefore,  obliged  to  begin  de  novo,  at  least  with 
every  subject  the  least  disagreeable  to  the  court ;  and,  indeed, 
it  was  the  best  policy  to  begin  all  de  novo,  thus  affecting  to 
conceal  their  knowledge  of  the  offensive  subjects.  But  these 
were  reasons  of  conduct  which  had  no  existence  here.  The 
President  had  no  proroguing  power.  He  could  not  check  our 
deliberations.  I  had  no  objection  to  adopt  rules  similar  to 
those  of  the  Parliament  of  Great  Britain  when  they  would 
apply — not  because  they  were  in  use  there,  but  on  the  prin 
ciple  of  their  utility.  But  when  a  direct  inconvenience  at 
tended  them,  as  in  the  present  case,  where  the  deliberations  of 
the  former  session  on  the  subject  before  us  would  be  lost,  they 
ought  to  be  rejected  with  scorn. 


JAN.  20]  OTIS  AND  THE   MINUTES.  181 

Elsworth  found  it  would  go  against  him.  He  then  moved 
the  postponement  should  be  until  to-morrow.  It  was  lost. 
Moved  it  should  be  to  Monday.  It  was  lost.  General 
postponement  took  place.  Wyngate  now  rose  and  made  a 
singular  motion.  It  was  tliat  the  bills  formerly  before  the 
Senate  for  regulating  the  process  in  the  Federal  courts  should 
be  taken  up.  A  pause  ensued,  as  this  was  certainly  unfin 
ished  business  of  the  former  session,  the  bill  in  question  hav 
ing  been  postponed  on  the  bringing  forward  a  temporary 
law.  Langdon  said  he  would  have  seconded  the  gentleman, 
but  he  considered  this  bill  as  involved  in  the  matter  which 
had  just  been  postponed.  Elsworth,  who  sometimes  contra 
dicts  Langdon  for  the  sake  of  contradiction,  said  it  was  iiofe 
involved  in  it,  and  seconded  Wyngate  for  bringing  it  on, 
and  it  was  brought.  The  Secretary  served  the  members  of 
the  Senate  with  copies  of  it.  "Wyngate  put  it  into  the  hands  of 
the  Yice-President,  and  he  read  it  all  over,  and  was  returning 
to  the  first  paragraph,  when  Elsworth,  finding  where  he  was, 
got  up,  said  his  intention  was  to  second  the  gentleman  to  have 
a  committee  appointed  to  bring  in  a  bill  for  regulating  pro 
cesses,  etc.  Adams  attended  to  him,  and,  without  any  question 
how  to  get  rid  of  the  bill,  Adams  put  a  question  for  a  commit 
tee,  and  a  committee  was  accordingly  appointed.  And  now 
we  will  see  what  a  figure  Otis  will  make  of  the  minutes  in  the 
morning.  I  do  not  want  to  be  captious,  but  I  must  not  let 
them  draw  this  into  precedent. 

January  20th. — I  am  not  disappointed  in  Otis.  Every 
word  respecting  the  bill  was  suppressed.  In  journals  read 
this  morning  the  entry  stood,  "  Ordered  that  Mr.  King,  Mr. 
Strong,  etc.,  be  a  committee  to  report  a  bill  to  regulate  pro 
cesses,  etc."  It  would  have  been  considered  as  manifesting  a 
spirit  of  contention  if  I  had  attacked  the  minutes,  and  I  let  it 
pass,  but  if  they  endeavor  to  make  any  use  of  it  I  will  then 
be  at  liberty  to  act  and  make  the  most  of  circumstances.  I 
came  early  to  the  Senate  chamber,  but  found  our  Vice-Presi- 
dent  and  Elsworth  both  there  before  me.  I  concluded  that 
they  had  come  on  the  errand  of  making  or  correcting  the 
journals,  so  as  to  cover  Elsworth's  hair-breadth  escape  of  yes 
terday.  They  were  in  close  consultation.  I  passed  them,  and 


182  BUSINESS  "DE  NOVO."  [1790 

took  no  further  notice.  Izard,  Few,  and  Schuyler  were  all  in 
conference  with  Elsworth. 

The  minutes  were  no  sooner  finished  than  Elsworth  rose 
and  called  for  the  motion  of  yesterday,  and  made  a  speech  in 
support  of  his  motion.  It  could  not  be  said  to  be  very  long, 
though  he  said  a  great  deal.  "  To  do  business,"  "  to  prevent 
idleness,"  "  to  satisfy  their  constituents,"  u  to  prevent  loss  of 
time,"  etc.,  were  the  subjects  of  it. 

I  began  with  declaring  that  the  gentleman's  ardor  to  do 
business  was  highly  laudable,  but  there  was  such  a  thing  as 
making  more  haste  than  good  speed ;  that  if  economy  and  to 
prevent  loss  of  time  were  his  objects,  I  thought  he  missed  the 
mark  by  attempting  to  take  up  everything  de  novo,  for  thus 
all  the  time  spent  on  the  unfinished  business  in  the  former  ses 
sion  would  be  lost ;  that  I  thought  the  present  motion  scarce 
in  order.  It  had  been  moved  yesterday  that  the  motion  should 
be  taken  up  this  day  and  negatived.  Monday  next  had  also 
been  negatived.  But  there  was  a  reason  of  much  more  con 
sequence,  which,  though  it  had  occurred  to  me  yesterday,  I 
had  forborne  to  mention ;  but  had  since  inquired  of  sundry 
members  of  the  House  of  Representatives,  and  was  assured 
that  the  very  bill  in  question  was  reported  by  the  committee 
for  unfinished  business,  and  the  report  remained  on  the  Speak 
er's  table  unacted  upon ;  that  for  us  to  decide  on  a  business 
actually  before  the  Representatives,  I  considered  as  highly  im 
proper,  and  would  not  fail  of  giving  offense. 

After  I  had  done  speaking  I  left  the  Senate  chamber,  came 
down-stairs,  called  on  General  Muhlenberg,  gave  notice  by  him 
to  the  Speaker  how  much  I  wanted  the  report  of  the  commit 
tee.  Mr.  Buckley  was  good  enough  to  send  up  by  the  door 
keeper  the  original  report.  I  got  it ;  found  the  bill  reported 
as  I  had  mentioned.  Returned  and  read  in  my  place  the  part 
I  had  alluded  to.  The  affair  now  took  a  new  turn,  and  a  mo 
tion  was  made  to  appoint  a  committee  to  confer  on  the  subject 
with  a  committee  of  the  other  House.  I  rose  and  enforced 
this  with  all  the  energy  I  was  master  of.  It  was  carried,  and 
the  committee  were  Langdon,  Henry,  and  myself.  The  York 
ers  lost  countenance  when  they  saw  the  committee,  but  now 
they  brought  forward  a  curious  motion.  It  was  to  take  the 


JAN.  22]  MORRIS'  "  NON-ATTENDANCE."  183 

sense  of  the  Senate,  in  order  that  it  might  stand  as  a  rule  of 
conduct  for  the  committee. 

I  rose  against  this  with  all  my  might.  I  have  not  time  to 
set  down  my  arguments ;  they  are  obvious.  Several  followed 
me.  I  had,  however,  concluded  with  a  motion  for  postpone 
ment,  which  was  seconded.  They  saw  how  it  would  go,  and 
withdrew  their  motion.  I  consider  Mr.  Morris  as  highly  blame 
worthy  in  his  non-attendance  [at  the  Senate].  He  expects  that 
the  bill  will  be  destroyed,  and  he  wishes  it  may  be  done  in  his 
absence,  that  the  blame  may  be  laid  on  me  by  the  citizens  of 
Philadelphia.  I  wish  that  I  could  believe  him  incapable  of 
this  kind  of  conduct.  I  have,  however,  kept  its  head  above 
water  so  far. 

January  21st. — I  am  disappointed  (strange,  but  can  not 
help  it)  in  the  committee.  It  is  Elsworth,  myself,  and  Henry, 
and  Henry  has  recanted ;  told  me  he  would  be  of  the  same 
opinion  with  Elsworth.  Mr.  Morris  took  his  seat  this  day. 
He  took  pains,  pointedly,  to  be  against  me  on  a  motion  which 
[was]  offered  to  the  Chair ;  that  we  should  take  only  two  of 
the  many  [news]papers  which  are  published  here.  It  is  in 
vain.  All  confidence  between  him  and  me  is  at  an  end.  There, 
indeed,  never  was  any  between  me  and  any  of  the  Philadel- 
phians.*  I  must  look  to  myself  and  do  my  own  conscience 
justice,  and  act  independent,  The  Muhlenbergs  are  friendly, 
and  they  will  be  my  company.  The  members  of  the  commit 
tee  on  tlie  part  of  the  Representatives  are  Sherman,  Thatcher, 
Hartley,  Jackson,  and  White,  to  meet  to-morrow  at  ten  o'clock. 

January  %%d. — I  met  the  committee  a  few  minutes  after 
ten.  Elsworth  began  a  long  discourse,  and  concluded  for  all 
business  which  had  passed  between  the  Houses  to  begin  de 
novo.  He,  Jackson,  and  White  had  much  parliamentary  stuff; 
but  Hartley  had  some  books,  and  the  precedents  were  undoubt 
edly  against  them.  Elsworth  made  room  for  Henry  to  speak 
by  desiring  him,  in  plain  words,  to  do  so,  from  which  it  was 
plain  enough  that  they  had  communicated.  He  seemed  willing 
that  I  should  not  speak ;  I,  however,  made  way  for  myself, 
and  reprobated  every  idea  of  precedent  drawn  from  England, 


*  William  Maclay  representing  western  Pennsylvania. 


184:  ON   POSTPONED  BILLS.  [1790 

though  I  declared  if  notice  were  to  be  taken  of  them  I  thought 
they  were  made  for  us.  I  read  from  the  journals  the  post 
ponement  of  the  bill,  which  I  told  them  plainly  had  given  rise 
to  the  present  contest.  On  motion  that  the  further  considera 
tion  of  the  bill  be  postponed  to  the  next  session  of  Congress,  it 
passed  in  the  affirmative. 

By  the  minutes  on  the  journals,  the  bill  must  be  taken  up 
in  the  present  session.  Any  proceeding  of  a  contrary  nature 
must  depend  on  an  ex  post  facto  principle.  We  may  enter 
into  rules  for  the  future  government  of  our  conduct,  but  the 
past  is  out  of  our  power,  constitutionally  speaking.  The  gen 
eral  practice  of  all  the  Legislatures  is  in  favor  of  taking  up 
the  unfinished  business  in  the  state  it  was  left.  So  far  is 
this  from  being  considered  as  improper,  that  the  Constitutions 
of  some  of  the  States  enjoin  it  as  a  principle  that  no  bill,  un 
less  in  case  of  necessity,  shall  be  enacted  into  a  law  in  the  same 
session  in  which  it  is  originated.  It  is  the  common  practice 
in  all  the  arrangements  of  life.  It  stands  highly  recommended 
by  economy,  which  is  certainly  a  republican  virtue.  I  consid 
ered  it  undeniably  certain  that  a  particular  fact  had  given  rise 
to  this  whole  business.  Here,  then,  to  control  a  single  inci 
dent,  we  are  attempting  to  establish  a  general  rule.  This  is 
inverting  the  general  order  of  business  with  a  witness ;  and,  to 
get  rid  of  a  particular  bill,  must  involve  ourselves  in  perpetual 
inconvenience. 

Mr.  AYliite  alleged  the  opinion  was  not  new.  I  appealed 
to  the  minutes  of  both  Houses  where  bills  had  been  postponed 
to  this  session — in  the  Senate,  the  bill  for  the  permanent  resi 
dence  ;  in  the  chamber  of  Representatives,  the  bills  on  crimes 
and  punishments.  It  was  in  vain  to  argue.  The  vote  went 
against  us,  and  a  report  agreed  to  that  the  bills  which  had  been 
in  passage  between  the  two  Houses  should  be  regarded  as  if 
nothing  had  passed  in  either  respecting  them,  or  words  to 
amount  to  that.  After  the  report  was  made  in  the  Senate, 
our  Vice-President  wanted  us  to  proceed  immediately  on  it. 
I  moved  some  delay,  and  it  was  postponed  to  Monday. 

January  QSd,  Saturday. — This  a  most  delightful  day. 
There  Avas  no  Senate,  and  as  the  trifling  business  of  visiting 
must  be  got  over,  I  set  about  it  in  good  earnest.  The  Speaker, 


JAN.  25]  A  BEAUTIFUL  SENTIMENT.  185 

General  Muhlenberg,  and  General  Heister  were  the  party  with 
myself.  We  run  off  most  of  the  business,  and  of  course  have 
nearly  done  with  it.  There  was  something  happened  to  me 
lately  which  I  will  not  minute,  but  let  it  serve  as  a  caution  to 
me  to  observe  as  much  as  possible  independence  of  character 
and  conduct.  This  is  a  vile  world  when  a  man  must  walk 
among  his  friends  and  fellow-mortals  as  if  they  were  briers 
and  thorns  ;  afraid  to  touch  or  be  touched  by  them.  And  yet 
the  older  I  grow  the  more  I  see  the  necessity  of  it. 

January  24th,  Sunday. — This  was  a  dull  day  every  way. 
A  small  snow  fell  all  day,  and  melted  as  it  fell  on  the  pave 
ment.  The  ground  whitened  toward  evening.  'Twas  such  a 
day  as  I  have  seen  early  in  April,  when  the  robins  first  come, 
and  the  southwest  winds  labor  to  push  back  the  chilling  air  of 
the  northeast.  I  stayed  at  home  all  day  and  wrote  letters  to 
my  family.  I  now  proposed  the  scheme  of  their  writing  to 
me  every  Sunday,  that  thus  each  party  might  act  under  the 
sentiment  of  reciprocity  and  enjoy  the  pleasing  sensation  that, 
while  they  were  writing  to  and  thinking  of  the  object  of  their 
most  tender  affection,  the  beloved  object  was  employed  in  the 
same  sympathetic  correspondence,  and  that  our  kindred  hearts 
and  affections  beat  unisons  at  the  same  instant,  though  sepa 
rated  as  far  as  !New  York  and  Harrisburg. 

January  2oth. — The  Senate  met,  and  the  Yice-President 
informed  the  House  of  the  order  of  the  day,  to  take  up  the 
report  of  the  joint  committee.  I  rose  and  observed  that  I  saw 
many  empty  seats ;  the  Senate  was  thin.  I  therefore  wished 
for  a  little  delay  until  the  members  were  collected.  After  the 
House  filled,  the  business  was  entered  on.  Mr.  Morris  showed 
a  disinclination  to  rise.  Mr.  Bassett  was  up,  and  after  he  sat 
down  I  hinted  to  Mr.  Morris  a  point  that  I  thought  might  be 
proper  in  support  of  Bassett.  I  said  he  had  better  rise  ;  if  he 
did  not,  I  would.  He  said  he  thought  /  had  better  not.  I 
thought  his  conduct  mysterious,  though  perhaps  I  was  wrong. 
I  rose,  however,  and  one  word  brought  on  another.  All  the 
arguments  of  the  committee  were  had  over  again,  much  en 
larged  and  amplified.  I  was  four  times  up  in  all ;  for  the  last 
two  times  I  asked  leave.  I  really  thought  I  had  the  advan 
tage  over  both  Elsworth  and  Henry,  but  when  is  it  that  I  do 


186  CRIMES  AND  PUNISHMENTS.  [1790 

not  think  well  of  my  own  arguments  ?  I  found  that  I  had 
made  some  impression  on  Izard.  lie  was  up,  and  concluded 
with  saying  something  that  seemed  like  a  wish  for  further 
time  to  deliberate.  I  rose  ;  said  I  considered  what  the  honor 
able  gentleman  had  said  as  amounting  to  a  motion  for  post 
ponement,  and  I  begged  leave  to  second  him.  He  said  he 
wished  it  postponed. 

But  now  Patterson  rose  on  our  side,  but  he  displeased 
Izard,  and  the  question  on  the  postponement  was  put ;  but  we 
lost  it  after  I  had  been  twice  up.  But  it  was  all  in  vain. 
Cicero,  with  all  the  powers  of  Apollo,  could  not  have  turned 
the  vote  in  our  favor.  I  had  a  small  scheme  in  protracting 
the  time  until  the  other  House  would  break  up,  that  the  exam 
ple  of  our  House  might  not  add  any  weight  to  their  scale  of 
[the]  deliberation ;  and  I  hoped  that  in  the  mean  time  they 
might,  perhaps,  pass  on  the  business.  Mr.  Morris  stuck  fast 
to  his  seat,  nor  did  he  rise  or  say  a  word  during  the  whole 
time.  Eight  voted  for  us  and  ten  against  us.  The  yeas  and 
nays  were  called.  The  vote  was  hurried  down  into  the  cham 
ber  of  the  Representatives,  and  they  adopted  it  almost  without 
a  division. 

January  26th. — This  a  most  unimportant  day  in  the  Sen 
ate.  A  committee  was  moved  for  to  bring  in  a  bill  for  the 
ascertaining  crimes  and  punishments  under  the  Federal  Legis 
lature.  The  committee  were  appointed,  withdrew  for  a  few 
moments  into  the  Secretary's  office,  returned  w^ith  the  old  Mil 
which  had  been  before  us  last  session,  and  reported  it.  This 
was  really  ridiculous,  but  the  vote  of  yesterday  seemed  to  call 
for  it.  Butler  moved  that  a  letter  from  some  foreigner 

o 

should  be  sent  to  the  chamber  of  Representatives.  The  letter 
had  been  read  formerly,  but  in  so  low  a  voice  that  I  could  not 
tell  a  word  of  it.  It  was  not  read  now.  Mr.  Morris  left  his 
seat  and  wrent  and  looked  at  it ;  came  back  and  said  nothing 
about  it.  I  was  silent  on  Butler's  motion.  But  when  I  came 
home,  the  Speaker  immediately  attacked  me  for  the  absurdity 
of  our  conduct  in  sending  them  a  letter  of  much  importance, 
touching  proposals  of  a  treaty  with  the  republic  of  Genoa.  I 
really  knew  nothing  of  the  letter,  but  it  was  my  own  fault ; 
and  it  really  ought  to  be  a  lesson  to  me  and  every  Senator  to 


JAN.  27]  CRIMES  AND   PUNISHMENTS.  187 

attend  well  to  what  is  done  at  our  Chair.  There  is  really  no 
dependence  to  be  placed  neither  on  our  Vice-President  nor 
Secretary. 

January  27th. — The  bill  of  yesterday  was  read  by  para 
graphs.  It  was  curious  to  see  the  whole  Senate  sitting  silent 
and  smiling  at  each  other,  and  not  a  word  of  remark  made  or 
making  on  the  bill.  Els  worth  rose  to  inform  the  Senate  that 
it  was  the  bill  which  had  been  gone  through  all  the  forms  in 
the  last  session.  Strong  moved  an  amendment,  however,  that 
the  judges  should  issue  the  warrants  for  execution  of  crimi 
nals.  I  rose  and  showed  from  the  Constitution  that  the  Presi 
dent  of  the  United  States  had  the  power  of  granting  pardons 
in  all  cases  except  those  of  impeachment ;  that  by  the  judges 
taking  on  them  to  issue  the  warrants,  the  opportunity  of  his 
granting  pardons  was  taken  away.  Elsworth,  according  to  cus 
tom,  supported  his  bill  through  thick  and  thin.  There  was  a 
great  deal  said,  and  I  was  up  three  or  four  times.  I  moved  a 
postponement  of  the  clause,  and  it  was  carried. 

Hawkins,  the  new  member  from  jNTorth  Carolina,  rose  and 
objected  to  the  clause  respecting  the  benefit  of  clergy.  He 
was  not  very  clear.  I,  however,  rose — really  from  motives  of 
friendship,  I  will  not  say  compassion,  for  a  stranger.  I  stated 
that,  as  far  as  I  could  collect  the  sentiments  of  the  honorable 
gentleman,  he  was  opposed  to  our  copying  the  law  language  of 
Great  Britain ;  that,  for  my  part,  I  wished  to  see  a  code  of 
criminal  law  for  the  continent,  and  I  wished  to  see  a  tone  of 
originality  running  through  the  whole  of  it.  I  was  tired  of 
the  servility  of  imitating  English  forms.  I  could  not  say 
whether  the  bill  would  be  materially  injured  by  leaving  out 
the  clause.  I  wished  it  should  be  left  out,  but  I  thought  at  any 
rate  it  had  better  be  postponed.  It  was  postponed. 

Received  sundry  letters  this  day  from  Philadelphia.  I 
told  Mr.  Morris  that  the  chancery  was  rejected.*  He  said  he 
was  sorry  for  it.  I  said  frankly,  "  That  is  not  my  case."  He 
asked,  "  Is  there  anything  further  ?  "  I  told  him  a  sharp  de 
bate  had  taken  place  whether  persons  holding  Federal  appoint- 

*  This  probably  refers  to  the  action  in  the  convention  in  Pennsylvania 
for  the  formation  of  a  new  Constitution. 


1S8  ACT  OF  RHODE  ISLAND.  [1790 

ments  could  act  under  State  commissions  which  had  been 
determined  in  the  negative.  He  replied  :  "  This  is  leveled  at 
me  and  Wilson.  My  friends  have  named  me  for  Governor 
and  Wilson  for  Chief -Justice ;  but  I  will  save  them  the  trouble 
by  declaring  off." 

January  %8tli. — Attended  at  the  Senate  chamber.  The 
bill  for  crimes  and  punishments  was  taken  up.  Strong's 
amendment  was  rejected,  and  I  offered  one  which  was  also 
rejected,  and  the  bill  passed.  Bassett  moved  something  like 
an  amendment.  He  went  to  Els  worth,  and  it,  between  them, 
was  really  altered  for  the  better.  The  Carolina  [bill]  was 
now  taken  up  and  specially  committed  to  Hawkins,  Elsworth, 
and  Butler.  Mr.  Lear,  from  the  President,  communicated  the 
act  of  Ehode  Island  appointing  a  convention.  There  was  a 
request  also  from  some  public  characters  of  the  State  request 
ing  a  suspension  of  the  effects  of  the  funding  law  respecting 
that  State.  Elsworth  moved  that  the  same  committee  might 
bring  in  a  clause  for  the  Rhode  Islanders.  I  voted  against 
this,  and  gave  as  a  reason  that  as  it  respected  the  revenue, 
although  not  raising  it,  yet  it  should  be  left  to  the  other 
House. 

If  I  needed  proof  of  the  baseness  of  Hamilton,  I  have  it  in 
the  fullest  manner.  This  day  his  price  was  communicated  in 
manuscript  as  far  as  Philadelphia.  Thomas  Willing,  in  a  letter 
to  the  Speaker  of  the  Representatives,  after  passing  many  eulo- 
giums  on  Hamilton's  plan,  concludes,  "  For  I  have  seen  in 
manuscript  his  whole  price,"  and  it  has  been  used  as  the  basis 
of  the  most  abandoned  system  of  speculation  ever  broached  in 
our  country. 

Mr.  Morris  this  day,  as  he  sat  beside  me  in  our  places  in 
the  Senate,  whispered  to  me  that  he  would  not  be  as  regular  in 
his  attendance  as  he  used  to  be ;  that  he  was  engaged  in  set 
tling  his  public  accounts,  which  would  engage  him  for  a  great 
part  of  his  time.  I  remarked,  "That  can  not  be  helped." 
The  business  is  a  necessary  one.  Indeed,  I  think  it  is  highly 
so  to  him,  if  he  regards  his  reputation  ;  and,  in  my  opinion,  he 
has  left  it  too  long  at  stake  already. 

January  29th,  Friday. — Samuel  Johnston,  one  of  the  Sen 
ators  from  North  Carolina,  attended,  was  sworn,  and  he  and 


FEB.  1]  MORRIS'  ACCOUNTS.  189 

his  colleague  were  classed.  A  letter  was  received  from  the 
Treasurer  of  the  United  States  with  his  accounts.  They  were 
read  by  the  Secretary  of  the  Senate,  Otis,  and  attended  to  with 
great  listlessness  by  the  Senate.  The  amount  was  $350,207.24, 
and  may,  generally  speaking,  be  called  civil  list  disbursements, 
and  said  to  be  expended  in  New  York.  Mr.  Morris  whispered 
something  about  his  account,  and  concluded :  "  I  find  him 
[Hamilton]  damned  sharp  ;  he  has  an  eye  as  keen  as  a — "  and 
stopped.  I  thought  it  very  strange  that  he  should  speak  to 
me  at  all  in  this  way.  Perhaps  it  was  that  he  wishes  to  re 
turn  to  some  kind  of  familiarity  with  me.  But  I  can  not  tell 
what  brought  a  strange  flash  of  suspicion  over  me.  Why 
should  he  say  anything  tending  to  inspire  me  with  a  belief 
that  he  had  difficulty  in  settling  his  accounts  ?  Men  do  not 
commonly  own  things  of  this  kind. 

January  30th,  Saturday. — As  my  complaints  in  the  rheu 
matic  way  still  continued,  I  stayed  at  home  all  day.  Wrote  to 
Mr.  Nicholson  arid  inclosed  the  budget  opened,  of  which  I 
can  remark  the  fate.  Wrote  likewise  to  Dr.  Huston ;  vide  the 
copies. 

January  31st,  Sunday. — Stayed  at  home  all  day.  Wrote 
to  my  family,  according  to  custom.  Amused  myself  in  writing 
a  piece  [drama]  under  the  character  of  an  "  Old  Soldier  and 
Irishman " ;  this  inclosed  also  some  days  afterward  to  Mr. 
Nicholson.  Tried  in  vain  to  think  of  submitting  to  the  inso 
lent  injustice  of  the  New-Englanders  and  the  Yorkers.  But 
the  point  now  is  to  run  with  the  Southern  men,  particu 
larly  those  of  Virginia.  Madison  and  Buckley  govern  them. 
Madison's  mark  is  the  Treasury ;  to  be  our  Secretary  is  Buck 
ley's  bait.  The  changes  would  be  great  political  amendments. 

February  1st. — This  was  an  unimportant  day  in  the  Senate. 
The  North  Carolina  members  produced  an  act  of  session, 
which  was  committed.  But  Mr.  Ellicott  sent  in  for  me,  and  I 
chatted  with  him  in  the  committee-room  until  the  Senate  was 
about  to  adjourn,  which  was  early.  Mr.  Hamilton  is  very 
uneasy,  as  far  as  I  can  learn,  about  his  funding  system.  He 
was  here  early  to  wait  on  the  Speaker,  and  I  believe  spent 
most  of  his  time  in  running  from  place  to  place  among  the 
members. 


190  NIAGARA   FALLS.  [1790 

Mr.  Ellicott's  accounts  of  Niagara  Falls  are  amazing  in 
deed.  I  communicated  to  him  my  scheme  of  an  attempt  to 
account  for  the  age  of  the  world,  or  at  least  to  fix  the  period 
when  the  water  "began-  to  cut  the  ledge  of  rock  over  which  it 
falls.  The  distance  from  the  present  pitch  to  where  the  falls 
originally  were,  is  now  seven  miles.  For  this  space  a  tremen 
dous  channel  is  cut  in  a  solid  limestone  rock,  in  all  parts  one 
hundred  and  fifty  feet  deep,  but  near  two  hundred  and  fifty 
at  the  mouth  or  part  where  the  attrition  began.  People  who 
have  known  the  place  since  Sir  William  Johnson  took  pos 
session  of  it,  about  thirty  years  ago,  give  out  that  there  is  an 
attrition  of  twenty  feet  in  that  time.  Now,  if  20  feet  —  30 
years  =  7  miles,  or  36,960  feet ;  answer,  55,440  years. 

February  (2d. — This  an  unimportant  day,  and  remarkable 
for  nothing  so  much  as  the  submission  of  Mr.  A.  Brown,  of 
Philadelphia,  printer,  to  the  Secretary  of  the  Treasury,  who 
acknowledges  the  receipt  of  sundry  news  against  the  Secre 
tary's  report,  but  conceives  the  Secretary  has  refuted  every 
argument,  etc.,  and  will  publish  nothing  against  him.  This 
wretch  is  here  looking  for  an  office,  and  the  public  will  cer 
tainly  believe  that  Hamilton  lias  bought  him.  These  acknowl 
edgments  appeared  in  Mr.  Lear's  paper.  Hard  to  say  which 
is  the  baser  creature,  the  buyer  or  seller. 

February  3d. — This  day  nothing  of  importance  was  trans 
acted  in  Senate,  and  the  House  adjourned  early.  The  Speaker 
and  General  Muhlenberg  made  a  point  of  my  going  with 
them  to  dine  with  Mr.  Fitzsimons  and  Clymer.  I  would  not 
go  until  they  declared  that  they  had  authority  to  invite  me.  I 
went.  The  company  were  Pennsylvanians.  No  discourse  hap 
pened  until  after  the  bottle  had  circulated  pretty  freely.  Mr. 
Scott  joined  us.  He  declared  it  was  in  vain  to  think  of  any 
place  but  the  Potomac.  Mr,  "Wynkoop  declared  the  utmost 
readiness  to  2:0  to  the  Potomac.  Mr.  Fitzsimons  seemed  to 

O 

bark  in  for  some  time.  Clymer  declared,  over  and  over,  he 
was  ready  to  go  to  the  Potomac.  After  some  time  I  spoke 
most  decidedly  and  plainly.  I  will  not  go  to  the  Potomac.  If 
we  once  vote  for  the  Potomac  the  die  is  cast,  Pennsylvania 
has  lost  it,  and  we  can  never  return.  I  will  bear  the  incon 
veniences  of  New  York  much  longer  rather  than  do  it.  Fitz- 


FEB.  4]  "SHALL   IT   BE   SIGNED   OR  NO?"  191 

simons  is  an  arrant  fox ;  I  could  feel  him  trim  around. 
Upon  the  whole,  I  am  quite  as  well  pleased  that  I  went  to  this 
dinner  ;  and  yet  they  liked  my  company  but  little,  if  I  was  not 
much  mistaken.  At  one  time,  when  they  were  regretting  the 
influence  of  "New  York  in  keeping  us  here,  I  said  :  "  Gentle 
men,  we  once  had  it  in  our  power  to  fix  ourselves  elsewhere. 
As  the  Scotchman  said  in  his  prayers,  we  were  left  to  the 
freedom  of  our  own  will,  and  a  pretty  hand  we  have  made  of 
it," 

February  fyth. — This  a  most'  unimportant  day  in  the  Sen 
ate.  The  bill  for  extending  the  impost  to  Korth  Carolina  was 
brought  in  to  be  signed.  The  Vice-President  got  up,  and  had 
a  good  deal  to  say ;  that  a  question  was  put  in  the  House  of 
Representatives,  and  if  gentlemen  wished  any  other  method 
they  should  say  so.  Elsworth  was  immediately  up ;  said  all 
was  perfectly  right.  The  House  had  passed  the  bill ;  they  had 
nothing  more  to  do  with  it.  Strong  got  up  ;  had  some  sleeve 
less  things  to  say  about  the  practice  of  Parliament,  but  con 
cluded  all  was  right.  I  got  up  and  declared,  since  gentlemen 
were  speaking  their  minds,  I  would  declare  that  I  thought  the 
business  wrong ;  that,  after  both  Houses  had  elaborately  ar 
gued  and  passed  a  bill,  it  was  referred  to  a  committee  of  one 
from  the  Senate  and  two  from  the  House  of  Representatives ; 
that  it  was  then  in  their  power  to  alter  the  bill.  If  they  were 
bad  men,  there  was  no  check  on  them.  If  even  a  member 
knew  of  a  bill  to  be  vitiated,  he  would  not  correct  it.  An 
u  if  "  or  an  "  and  "  mi«rht  most  materially  affect  the  bill.  The 

O  •/ 

changes  of  the  tense  of  a  verb  might  alter  a  whole  sentence. 
I  was  clearly  of  opinion  every  bill  ought  to  be  compared  at 
the  table;  and,  as  the  Yice-President  when  he  signed  a  bill, 
did  it  for  and  in  the  name  of  the  Senate,  the  question  should 
be  put,  "  Shall  it  be  signed  or  no  ? "  It  was,  however,  of  no 
avail ;  nor,  indeed,  did  I  conclude  with  any  motion,  but  meant 
my  observations  to  open  the  way  for  taking  up  the  business 
some  other  time. 

This  was  a  public  day  with  the  Speaker.  All  the  company 
were  Pennsylvanians  except  Judge  Livermore.  He  soon  went 
away.  We  had  a  great  many  clever  things  from  Mr.  Morris 
and  Clymer  on  the  good  of  the  State,  the  clearing  the  Susque- 


192  BARGAINING  FOR  CONGRESS.  [1790 

hanna,  the  Tulpachocking  Canal,  etc.  I  will  vote  for  the  Sus- 
quehanna  now,  says  Mr.  Morris.  Even  Clymer  was  conde 
scending,  but  it  was  like  grinning  a  smile.  Hints  were  thrown 
out  about  uniting  the  delegation,  and  much  could  be  done  by 
their  effort.  I  wonder  if  they  are  silly  enough  to  think  that 
their  arts  can  not  be  seen  through  ?  The  government  of  Penn 
sylvania  is  the  object.  The  Speaker  mentioned  Charles  Thomp 
son  as  having  been  spoken  of.  Clymer  said  in  such  a  tone  of 
voice  as  he  did  not  expect  me  to  hear,  "  He  will  make  a  good 
Senator."  I  know  Clymer  well.  Perhaps  if  I  were  to  consult 
my  own  feelings  and  general  interest,  I  would  wish  Charles 
Thompson  or  any  other  person  in  my  room. 

Mr.  Morris  threw  a  paper  on  the  table  before  the  Speaker. 
The  Speaker  took  it  up.  Clymer  muttered  something.  Fitz- 
simons  looked  confused  and  went  away.  I  will  know  what 
this  paper  was.  Mr.  Morris  said  "  I  am  quite  off  with  the 
Yorkers ;  I  will  have  nothing  more  to  do  with  them."  I  can 
not  penetrate  the  scheme  of  the  Philadelphia  junto  as  to  the 
person  they  contemplate  for  Governor.  A  man  who  will  be 
their  tool  is  the  design ;  but  they  have  not  yet  fixed  on  the 
particular  object. 

February  5th. — This  morning  at  breakfast  the  Speaker  told 
me  what  the  paper  was.  The  Yorkers  had  stipulated,  under 
their  hands,  to  go  to  the  Susquehanna,  and  the  Pennsylvania 
delegation,  myself  excepted  (who,  by-the-by,  was  the  moving 
spirit  of  the  business),  had  agreed,  under  their  hands,  to  stay 
two  years  in  New  York.  This  engagement  of  the  Pennsylva- 
nians  had  been  in  the  hands  of  the  Yorkers  until  now ;  'that 
Mr.  Morris  had  possessed  himself  of  it ;  had  crossed  the  names, 
and  now  showed  it  at  the  same  time  that  he  made  the  declara 
tion  against  having  anything  to  do  with  the  Yorkers.  Well 
might  I  say,  "  A  pretty  hand  we  have  made  of  it !  " 

Attended  this  day  at  the  Hall.  The  minutes  wrere  read, 
and  just  nothing  at  all  more  done. 

February  6th. — The  Senate  stood  adjourned  over  to  Mon 
day.  I  had  a  card  above  a  week  ago  to  dine  this  day  with  Mr. 
Otto,  the  charge  d'affaires  of  France.  It  was  very  cold,  and 
I  sent  an  excuse,  and  stayed  at  home.  Amused  myself  in  wrrit- 
ing  a  paper  tending  to  show  the  use  of  the  State  Legislatures, 


FEB.  8]  MORRIS  PETITIONS  CONGRESS.  193 

maintaining  their  consequence  in  the  arrangement  of  the  em 
pire.  It  was  an  idle  day  with  me.  Read  the  Roman  Antiqui 
ties  in  an  old  author.  I  am  really  much  better  of  my  rheuma 
tism  since  I  took  to  keeping  myself  warm.  Rest  and  wrarmth 
are,  perhaps,  the  best  applications  I  can  make.  I  have  drunk 
Madeira  wines  for  the  past  three  days  in  moderate  quantities,, 
and  really  think  I  feel  better  for  it. 

February  7th,  Sunday. — This  was  a  cold  day,  and  I  stayed 
at  home.  My  employment — the  writing  of  letters  to  my  fam 
ily.  Mr.  Bingham  called  to  see  us  yesterday.  lie  had  much 
to  say  of  the  affairs  of  Pennsylvania.  Upon  some  person  re 
marking  that  the  parties  of  Republican  and  Constitutionalists 
would  be  done  away,  he  said  the  party  would  but  take  a  new 
name ;  it  would  henceforth  be  the  eastern  and  western  interest 
of  the  State.  I  said  had  Congress  been  on  the  Susquehanna, 
such  a  party  would  never  have  been  known.  Sent  a  piece  to 
Mr.  ^Nicholson  for  publication,  with  a  design  to  spirit  up  the 
State  Legislatures  to  attend  to  their  own  importance  and  in 
struct  their  Senators  on  all  important  questions. 

February  8th. — Attended  Senate.  The  first  business  that 
presented  itself  was  a  letter  from  R.  Morris  to  the  Vice-Presi 
dent,  inclosing  a  long  memorial,  praying  commissioners  to  be 
appointed  to  inquire  into  his  conduct  while  financier,  and  men 
tioning  his  unsettled  accounts  as  a  partner  in  the  house  of 
Willing  &  Morris,  which  were  in  train  of  settlement.  He  re 
quested  the  memorial  might  stand  on  our  minutes.  Some  lit 
tle  objection  was  made.  ISTo  particular  vote  was  taken,  and  it 
went  on,  of  course.  I  am  really  puzzled  with  this  conduct  of 
my  honorable  colleague.  The  charges  against  him  are  not  as 
financier,  but  as  chairman  of  the  secret  committee  of  Congress, 
and  for  money  received  as  a  merchant  in  the  beginning  of  the 
business.  It  seems  admitted  that  he  rendered  important  serv 
ice  as  a  financier,  and  if  I  can  penetrate  his  design  it  is  to  cloak 
his  faults  in  the  secret  committee  with  his  meritorious  conduct 
as  financier.  [I]  must  mark  the  end  of  it. 

This  day  the  report  of  the  Secretary  wTas  taken  up  in  the 
House  of  Representatives.     I  have  heard  Fitzsimons  reprobate 
the  funding  law  of  Pennsylvania  ;  heard  him  condemn  the  doc 
trine  of  an  indiscriminate  funding,  etc.     Yet  this  day  he  laid 
13 


194  HAMILTON'S  "MACHINES."  [1790 

on  the  Speaker's  table  a  string  of  resolutions  merely  echoed 
from  the  Secretary's  report. 

February  9th. — Mr.  Morris'  memorial  was  committed  this 
day  to  Izard,  Henry,  and  Elsworth.  I  am  still  more  and  more 
at  a  loss  [to  know]  what  he  would  be  at.  It  seems  as  if  lie 
wanted  to  make  a  noise,  to  get  commissioners  appointed  on 
that  part  of  his  conduct  which  he  can  defend,  and  thus  mislead 
the  public.  I  find  the  old  .resolve  of  Congress,  the  20th  June, 
1785,  was  brought  in  by  a  committee  appointed  on  a  letter  of 
his  own.  He  represented  this  resolve  of  Congress  to  have 
been  the  act  of  his  malevolent  enemies  and  persecutors. 

We  had  a  message  from  the  House  of  Representatives  by 
Buckley  with  the  Enumeration  [census]  bill.  A  message  also 
from  the  President  of  the  United  States  on  the  difference  of 
limits  between  the  United  States  and  Nova  Scotia,  with  a  num 
ber  of  nominations. 

Hamilton,  literally  speaking,  is  moving  heaven  and  earth 
in  favor  of  his  [funding]  system.  The  Rev.  Dr.  Rodgers 
called  on  me  and  General  Muhlenberg  this  evening.  He  owed 
no  visit,  for  that  he  had  paid  a  day  or  two  ago.  Directly  he 
began  to  extol  Hamilton's  system,  and  argued  with  it  as  if  he 
had  been  in  the  pulpit.  I  checked  him ;  he  made  his  visit 
short.  The  Cincinnati  is  another  of  his  [Hamilton's]  machines 
and  the  whole  city  of  New  York.  He  is  attacked,  however, 
in  this  day's  paper  pretty  smartly  by  Governor  Clarton,  as  I 
take  it,  for  the  writer  seems  to  aim  personally  at  him. 

February  10th. — Attended  the  Hall,  but  soon  left  the  Sen 
ate  to  attend  the  debate  in  the  Representatives'  chamber. 
Stayed  with  them  until  near  three  o'clock,  but  the  debates  were 
not  entertaining.  It  all  turned  on  an  amendment  offered  by 
Mr.  Scott,  the  amount  of  which  was  that  debts  should  be  ascer 
tained  before  provision  was  made  for  them.  The  committee 
rose  without  any  division. 

February  llth. — Attended  the  Senate.  The  committee 
reported  yesterday,  while  I  was  out,  on  Mr.  Morris'  memorial, 
that  the  prayer  of  it  should  be  granted.  There  was  no  order 
of  the  day.  I  wished  to  hear  the  debates  of  the  House  of 
Representatives  and  went  down  and  found  Madison  up.  He 
had  got  through  the  introductory  part  of  his  speech,  which 


FEB.  12]  THE  ENUMERATION   BILL.  195 

was  said  to  be  elegant.  The  ground  I  found  him  on  was  the 
equity  power  of  the  Government  in  regulating  of  property, 
which  he  admitted  in  the  fullest  manner,  with  this  exception, 
when  the  State  was  no  party.  The  United  States  owe  justly 
and  fairly  the  whole  amount  of  the  Federal  debt.  The  ques 
tion  then  is,  to  whom  do  they  owe  it?  In  this  question  they 
are  not  interested,  as  the  amount  is  the  same,  let  who  will  re 
ceive  it.  The  case  of  original  holder  [of  certificates]  admits 
of  no  doubt.  But  what  of  the  speculator  who  paid  only  a 
trifle  for  the  evidences  of  the  debt  ?  The  end,  however,  of  his 
speech  produced  a  revolution  to  the  following  effect :  That 
the  whole  should  be  funded,  but  that  in  the  hands  of  speculators 
at  the  highest  market  price  only  ;  and  the  surplus  to  the  original 
holder,  who  performed  the  service.  The  debate  lasted  to  the 
hour  of  adjournment,  and  they  rose  without  deciding. 

Dined  this  day  with  General  Knox.  The  company  large 
and  splendid,  consisting  of  the  diplomatic  corps,  members  of 
Congress,  etc. 

February  12th. — Attended  at  the  Hall.  The  order  of  the 
day  was  to  take  up  the  Enumeration  bill.  I  objected  to  the 
whole  of  a  lengthy  schedule,  and  moved  a  commitment.  I 
was  seconded,  but  some  gentlemen  wishing  to  proceed  on  the 
bill  till  they  came  to  the  clause,  I  withdrew  my  motion. 
Elsworth  came  forward  with  a  motion  to  strike  out  the  clause 
about  the  marshal,  and  insert  one  to  do  it  bv  a  commissioner. 
I  opposed  him ;  was  joined  by  Patterson.  The  debate  was 
scarce  worth  mentioning,  but  it  let  me  into  the  character  of 
Governor  Johnston.  He  had  said  something  for  the  bill  as  it 
stood,  but  when  Elsworth  made  his  motion,  he  got  up  to  tell 
how  convincing  the  gentleman's  arguments  were  and  that  they 
had  fully  convinced  him.  This  I  considered  as  something  in 
the  taste  of  esprit  de  corps,  for  he  is  a  lawyer.  But  both  he 
and  his  colleague  looked  foolish  when  they  took  it. 

I  got  a  hard  hit  at  Elsworth.  He  felt  it  and  did  not  reply. 
The  bill  was  immediately  afterward  committed  and  the  Senate 
adjourned.  Elsworth  came  laughing  to  me  ;  said  he  could 
have  distinguished  with  respect  to  the  point  I  brought  for 
ward.  I  said :  "  Elsworth,  the  man  must  knit  his  net  close 
that  can  catch  you ;  but  you  trip  sometimes."  So  we  had  a 


/*- 

196  THE  ABOLITION  SOCIETY.  [1790 

laugh  and  parted.  Went  immediately  into  the  Representative 
chamber,  but  the  whole  day  was  spent  on  the  Quaker  memo 
rial  for  the  abolition  of  slavery. 

February  13tk. — This  a  vacant  day.  I  went  to  the  Hall  to 
meet  with  Mr.  It.  Harris  ;  he  did  not  meet.  We  went  to  seek 
for  him  at  Dr.  McKnight's.  Could  not  find  him.  Called  Mr. 
Scott  and  endeavored  to  give  him  every  argument  in  my 
power  against  Hamilton's  report.  I  shall  not  minute  them 
here.  I  wish,  however,  to  arm  him  and  every  friend  to  dis 
crimination  with  every  possible  argument,  as  I  fear,  if  the 
business  is  lost  with  them,  there  will  be  small  chance  with  us. 

Dined  this  day  in  an  agreeable  way  with  Dr.  Johnson,  the 
principal  of  the  college.  The  company  was  not  large.  There 
were  three  Senators,  the  Speaker  of  the  House  of  Representa 
tives,  General  Muhlenberg,  and  some  strangers. 

February  IJ^ih. — Being  Sunday,  wrote  home  to  my  family, 
to  my  brother,  and  to  Mr.  Nicholson,  inclosing  him  strictures 
on  the  conduct  of  the  secretary  and  O —  —  respecting  the  eleven 
thousand  dollars  paid  for  furniture  under  the  resolve  of  April 
15th  last,  in  the  character  of  a  distressed  woman  complaining 
of  her  servants. 

February  15th. — Attended  in  Senate.  Our  Yice-President 
produced  the  petitions  and  memorials  of  the  Abolition  Society. 
He  did  it  rather  with  a  sneer,  saying  he  had  been  honored 
with  a  visit  from  a  society,  a  self-constituted  one,  he  supposed. 
He  proceeded  to  read  the  petitions  and  memorials.  Izard 
and  Butler  had  prepared  themselves  wTith  long  speeches  on  the 
occasion.  Izard,  in  particular,  railed  at  the  society ;  called 
them  fanatics,  etc.  Butler  made  a  personal  attack  on  Dr. 
Franklin,  and  charged  the  whole  proceeding  to  anti-Federal 
motives :  that  the  Doctor,  when  member  of  convention,  had 
consented  to  the  Federal  compact.  Here  he  was  acting  in  di 
rect  violation  of  it.  The  w^hole  business  was  designed  to  over 
turn  the  Constitution.  I  was  twice  up.  The  first  time  I 
spoke  generally  as  to  the  benevolent  intentions  of  the  society, 
etc.  Upon  Butler's  attack  I  requested  Mr.  Morris  to  rise 
and  defend  him  [Dr.  Franklin].  King  was  up,  speaking  in 
favor  of  the  Carolina  gentleman.  I  remarked,  "  King  is  court 
ing  them."  "  Yes,"  said  he  [Morris],  "  and  I  will  be  silent 


FEB.  1G]  VISIT  TO  THE  REPRESENTATIVES.  197 

from  the  same  motive  that  makes  him  speak."  He  then  bade 
me  rise.  I  did  so.  Showed  that  the  Doctor  was  at  the  head 
of  the  society,  wiiich  was  not  of  yesterday ;  that  he  could  not 
strictly  have  the  acts  of  the  society  charged  to  his  personal  ac 
count  ;  that  the  society  had  persevered  in  the  same  line  of  con 
duct  long  before  the  Constitution  was  formed  ;  that  there  was 
nothing  strictly  novel  in  their  conduct,  etc.  ^Nothing  was 
done  or  moved  to  be  done,  as  the  matter  is  in  commitment 
with  the  Representatives,  where  the  measure  has  many  friends. 

Adjourned,  and  went  to  hear  the  debates  in  the  lower 
House.  Sedgwick,  Lawrence,  Smith,  and  Ames  took  the 
whole  day.  They  seemed  to  aim  all  at  one  point,  to  make 
Madison  ridiculous.  Ames  delivered  a  long  string  of  studied 
sentences,  but  he  did  not  use  a  single  argument  that  seemed 
to  leave  an  impression.  He  had  "public  faith,"  "public 
credit,"  "  honor,  and  above  all  justice,"  as  often  over  as  an 
Indian  would  the  "  Great  Spirit,"  and,  if  possible,  with  less 
meaning  and  to  as  little  purpose.  Hamilton,  at  the  head  of 
the  speculators,  with  all  the  courtiers,  are  on  one  side.  These 
I  call  the  party  who  are  actuated  by  interest.  The  opposition 
are  governed  by  principle,  but  I  fear  in  this  case  interest  will 
outweigh  principle.  I  drank  this  day  at  dinner  two  glasses  of 
wine  with  the  Speaker.  I  will  continue  this  practice  for  a 
week  and  observe  the  effect. 

February  16th. — This  day  not  remarkable  much  either 
way  in  the  Senate,  except  that  Mr.  Morris  gave  the  clearest 
proof  of  a  disposition  always  to  abandon  me  on  every  motion 
which  I  make.  The  Enumeration  [census]  bill  was  before  us. 
The  point  at  which  I  aimed  was  to  begin  the  enumeration  in 
April,  so  that  the  census  might  be  taken  before  our  election, 
and  the  universal  belief  is  that  Pennsylvania  would  be  a 
gainer.  Butler  moved  to  have  the  time  extended  one  year 
from  the  first  of  August  next.  Here  I  threw  in  the  most 
pointed  opposition,  and  laid  down  the  principles  of  the  amend 
ment  which  I  proposed.  Elsworth  said  he  would  be  for  ex 
tending  the  time  to  nine  months,  and  Mr.  Morris,  to  my 
astonishment,  rose  and  supported  Elsworth  for  the  nine 
months.  So  Butler's  motion  was  carried.  The  arguments  I 
used  were  that  every  measure  tending  to  give  the  people  con- 


198  MADISON'S  SPEECH  IN  THE  HOUSE.  [1790 

fidence  in  onr  Government  should  be  adopted  without  delay. 
The  present  representation  was  on  a  supposititious  enumera 
tion  and  was  believed  to  be  erroneous.  A  second  election,  there 
fore,  ought  not  to  proceed  on  such  uncertain  ground,  etc. 

February  17th. — The  business  done  this  morning  was  re 
ceiving  the  report  of  the  committee  to  whom  was  committed 
the  sixth  clause  of  the  Enumeration  [census]  bill.  It  had  been 
recommitted  at  the  instant  at  urgent  motion  of  Mr.  Butler, 
and  the  committee,  as  if  to  insult  him,  reported  the  clause 
without  alteration.  The  bill  was  passed,  and  ordered  for  the 
third  reading  to-morrow.  Adjourned  and  went  to  hear  the 
debates  in  the  chamber  of  Representatives. 

The  paper  containing  the  publication  called  The  Budget 
Opened,  was  given  by  General  Heister  to  Wynkoop,  and 
never  more  heard  of.  I  asked  him  for  it  this  day,  but  he 
denied  his  knowing  anything  about  it.  Boudinot  took  up  the 
whole  time  of  the  committee  till  the  hour  of  adjournment.  It 
was  all  dead  loss,  for  nobody  minded  him.  Wrote  this  even 
ing  to  my  brother.  Paid  this  day  one  half  Joe  *  for  board 
ing  ;  half  for  the  week  past  and  half  of  it  in  advance  for  next 
week. 

Febmiary  18th. — We  had  a  message  this  day  from  the 
President  of  the  United  States  respecting  the  boundary  be 
tween  Nova  Scotia  and  the  State  of  Massachusetts.  A  com 
mittee  was  appointed  some  time  ago  to  whom  the  business  was 
referred.  The  report  of  the  committee  on  the  cession  from 
North  Carolina  was  called  up.  Some  time  was  spent  on  it 
and  it  was  postponed  to  Monday  next.  The  Senate  now  ad 
journed,  and  we  went  into  the  lower  House  to  hear  the  debates 
on  Mr.  Madison's  motion.  Madison  had  been  up  most  of  the 
morning  and  was  said  to  have  spoken  most  ably  indeed.  He 
seemed  rather  jaded  when  I  came  in.  He  had,  early  in  this 
business,  been  called  on  to  show  a  single  instance  where  any 
thing  like  the  present  had  been  done.  He  produced  an  act  of 
Parliament  in  point  in  the  reign  of  Queen  Anne.  But  now 
the  gentleman  quitted  this  ground  and  cried  out  for  rigid 

*  Contraction  for  Johannes,  a  Portuguese  gold  coin  equal  to  about  eight 
dollars. 


FEB.  19]  ON   MADISON.  199 

right  on  law  principles.  Madison  modestly  put  them  in  mind 
that  they  had  challenged  him  on  this  ground,  and  he  had  met 
them  agreeably  to  their  wishes.  Adjourned  without  question. 

February  ./^A.— Attended  at  the  Senate  chamber.  Here 
I  found  a  packet  from  Mr.  Nicholson.  It  contained  two  sets 
of  his  letters  to  me  cut  out  of  the  newspapers.  He  apologizes 
for  the  delay  of  the  prices  I  sent  him  fur  publication  by  the 
prior  engagement  of  the  press,  meaning,  as  I  take  it,  his  letters 
to  me.  I  believe  I  ought  not  to  blame  him ;  the  priest  will 
christen  his  own  child  first.  They  are  all  to  appear  on  Satur 
day,  as  he  expects. 

This  day  we  did  nothing  in  the  Senate  but  read  the  min 
utes,  and  adjourned  over  to  Monday.  "Went  to  hear  the  de 
bates  in  the  House  of  Representatives,  but  they  were  dull  and 
uninteresting,  and  yet  the  question  was  not  put.  All  parties 
seemed  tired,  yet  unwilling  to  give  out.  I  am  vexed  with 
them.  The  real  good  and  care  of  the  country  seem  not  to 
enter  into  all  their  thoughts.  The  very  system  of  the  Secre 
tary's  report  seems  to  be  to  lay  as  much  on  the  people  as  they 
can  bear.  Madison's  [system]  yields  no  relief  as  to  the  burden, 
but  affords  some  alleviation  as  to  the  design  the  tax  will  be  laid 

O 

for ;  and  is,  perhaps,  on  that  account  more  dangerous,  as  it 
will  be  readier  submitted  to. 

There  is  an  obstinacy,  a  perverse  peevishness,  a  selfishness 
which  shuts  him  up  from  all  free  communication.  He  will 
see  Congress  in  no  other  light  than  as  one  party.  He  seems 
to  prescribe  to  them  to  follow  laws  already  made,  as  if  they 
were  an  executive  body ;  whereas  the  fact  is,  that  the  major 
ity  of  the  people,  say  three  millions  (the  tax-payers),  and  the 
holders  of  certificates,  a  few  thousand  (the  receivers),  are  the 
parties,  and  the  business  of  Congress  is  to  legislate  on  the  prin 
ciples  of  justice  between  them.  A  funding  system  will  be  the 
consequence — that  political  gout  of  every  government  which 
has  adopted  it.  "With  all  our  Western  lands  for  sale  and  pur 
chasers  every  day  attending  at  the  Hall  begging  for  contracts! 
What  villainy  to  cast  the  debt  on  posterity !  But  pay  the  debt, 
or  even  put  it  in  train  of  payment,  and  you  no  longer  furnish 
food  for  speculation.  The  great  object  is,  by  funding  and  so 
forth,  to  raise  the  certificates  to  par  ;  thus  the  speculators,  who 


200  RESOLVES  OF  THE  PUBLIC  DEBT.  [1790 

now  have  them  nearly  all  engrossed,  will  clear  above  three 
hundred  per  cent. 

February  20th,  Saturday. — Stayed  at  home  all  day,  save 
the  time  I  went  to  Bobby  Harris.  I  do  not  like  the  way  I 
saw  him  in.  It  w^as  near  one  o'clock,  and  he  lay  stupefied  with 
laudanum.  I  have  not  been  without  some  apprehension  ever 
since  this  operation  was  performed  on  him.  Much,  indeed, 
was  it  against  my  will ;  but,  die  or  live,  the  business  is  done. 
Mr.  Fitzsimons,  it  is  like,  called  here  this  day.  I  was  not  called 
down.  The  speaker  mentioned  at  dinner  how  accommodating 
Fitzsimons  had  been  ;  that  he  had  declared  Miffiin  must  not  be 
Governor ;  if  he  was,  they  would  be  woiv.e  off  than  if  no  new 
Constitution  had  been  made.  They  then  naturally  agreed  that 
Mr.  Morris'  memorial  should  be  pushed  in  Congress  as  the 
grand  preparatory  for  his  appointment  to  the  Government. 

February  21st,  Sunday. — Having  dispatched  the  duties  of 
the  day — that  is,  having  written  to  my  dear  family — politics, 
the  business  of  the  week,  obtrude  themselves  on  me.  I  have 
observed  a  kind  of  spirit  of  uncertainty  hover  over  the  repre 
sentative  body ;  a  want  of  confidence  either  in  the  Secretary's 
scheme  or  in  Madison's  proposal.  Like  a  flight  of  land-fowl 
at  sea,  they  seem  bewildered  and  wish  for  a  resting-place,  but 
distrust  every  object  that  offers.  I  think  now  would  be  the 
time  to  fix  them  on  some  moderate  measure.  I  drew  the  fol 
lowing  resolutions : 

Resolved,  That  funds  be  immediately  provided  sufficient 
to  pay  three  per  cent  on  the  domestic  debt  of  the  United 
States,  which  has  been  liquidated  before  the  -ith  of  March  last, 
and  that  the  same  be  paid  annually  to  the  persons  holding  the 
evidences  of  such  debts  upon  their  application  for  the  same. 

Resolved,  That  a  land-office  be  opened  for  the  sale  of  the 
Western  territory,  in  which  certificates  of  the  domestic  debt 
only  shall  be  receivable,  to  operate  as  a  sinking-fund  for  the 
extinguishment  of  the  said  debt,  and  the  arrears  of  interest  due 
on  the  same. 

I  went  with  these  resolutions  to  Mr.  Scott's  lodgings.  But 
— shame  to  tell  it — he,  a  man  in  years  and  burdened  with  com 
plaints  and  infirmities,  had  lodged  out  and  was  not  come  home 
yet.  The  manner  in  which  my  inquiries  for  him  were  an- 


FEB.  22]  ON  MADISON.  201 

swered  sufficiently  explained  the  objects  of  his  absence.  Such 
occupations  are  common  with  him.  Pity  that  a  good  head 
should  be  led  astray  by  the  inordinate  lust  of  its  concomitant 
members.  Went  and  called  at  the  city  tavern ;  had  the  good 
fortune  to  find  Mr.  Sterret.  Chatted  a  long  time  with  him, 
and  went  to  see  Bobby  Harris.  In  the  way  I  passed  by  Mr. 
Scott's  lodgings.  I  asked  a  servant  who  stood  in  the  door  if 
Mr.  Scott  was  within.  He  was  just  gone  up  to  his  room.  I 
gave  him  my  sentiments  on  the  trim  of  his  House  [Represent 
atives],  and  read  the  resolutions,  explaining,  as  a  kind  of  in 
terim  or  passo  tempo,  on  something  that  would  perhaps  take, 
as  nothing  was  committed  or  decided  finally  on.  The  child, 
however,  was  not  his  own ;  but  he  declared  that,  if  Madison 
would  join,  they  could  be  carried.  I  wished  him  to  communi 
cate  with  Madison.  He  was  afraid  of  Madison's  pride.  He 
requested  me  to  do  it.  After  some  time  I  agreed  to  do  it,  and 
to  communicate  the  result  to  him.  Called,  but  Madison  was 
out.  Inclosed  the  resolutions  this  evening  to  Mr.  Scott,  and 
promised  to  call  in  the  morning  on  Madison. 

February  22d,  Monday. — Called  on  Madison.  He  made 
me  wait  long.  He  came  down-stairs  and  returned  with  me  to 
his  room.  I  enlarged  on  the  business  before  the  House  as 
much  as  I  thought  my  time  would  allow.  Told  him  plainly 
there  was  no  chance  of  his  succeeding.  It  hurt  his  Littleness. 
I  do  not  think  he  believed  me.  I  read  the  resolutions.  I  do 
not  think  he  attended  to  one  word  of  them,  so  much  did  he 
seem  absorbed  in  his  own  ideas.  I  put  them  into  his  hand. 
Lie  offered  them  back  without  reading  them.  I  did  not  readily 
hold  out  my  hand  to  take  them.  He  tendered  them  a  second 
time.  I  took  them,  and  then,  by  degrees,  wound  up  my  dis 
course  so  as  to  draw  to  the  point  of  wishing  him  a  good-morn 
ing.  His  pride  seems  of  that  kind  which  repels  all  communi 
cation.  He  appears  as  if  he  could  not  bear  the  condescension 
of  it. 

Went  to  the  Senate.  A  motion  was  made  to  adjourn. 
Izard  objected;  expected  some  resolutions  would  be  sent  in 
from  the  House  of  Representatives,  to  wait  on  the  President, 
with  compliments  on  his  birthday,  etc.  I  took  my  hat  and 
came  down-stairs.  Those  who  stayed  were  disappointed. 


202  PENNSYLVANIANS  DIVIDED.  [1790 

Madison's  matter  was  over  before  I  came  down,  and  a  poor 
show  his  party  made.  The  obstinacy  of  this  man  has  ruined 
the  opposition.  The  Secretary's  report  will  now  pass  through, 
perhaps  unaltered.  I  could  not  help  observing  that  now  both 
Fitzsimons  and  Clymer  spoke,  and  they  were  [the]  Secretary 
all  over.  Fitzsimons  gave  me  notice  of  a  meeting  of  the 
Pennsylvania  delegation  at  his  lodgings  at  six  o'clock.  I  went. 
The  ostensible  reason  was  to  consult  on  the  adoption  of  the 
State  debts,  but  the  fact  to  tell  us  that  they  were  predetermined 
to  do  it.  Morris  swore  "  By  G —  it  must  be  done ! "  and  Clymer, 
strange  to  tell,  expatiated  on  the  growing  grandeur  of  Penn 
sylvania  if  it  was  done.  Our  roads  would  all  be  made  and  our 
communications  all  opened  by  land  and  water,  etc.  These  ap 
peared  strange  wrords  to  me  coming  from  that  quarter. 

Fitzsimons  was  much  more  argumentative,  but  they  were 
all  predetermined,  and  only  called  on  our  complaisance  to 
assent  to  their  better  judgment.  I  chose  to  mention  publicly 
that  I  thought  we  scarce  did  justice  to  the  State  we  represented 
that  we  did  not  meet  of tener  and  consult  on  her  interest.  This 
met  with  an  echo  of  applause.  Fitzsimons  proposed  his  lodg 
ings  as  a  rendezvous  weekly.  Mr.  Morris  directly  spoke  of 
wine  and  oysters,  and  it  wras  agreed  to  meet  every  Monday 
evening  at  Simons'.  I  took,  however,  care  to  bear  my  une 
quivocal  testimony  against  the  adoption  now  proposed,  and,  in 
fact,  made  the  above  proposition  to  obviate  any  suspicion  of 
obstinacy  or  unsociability. 

February  %3d. — The  Senate  sat  more  than  an  hour  doing 
nothing  at  all  but  looking  at  each  other.  Elsworth  and  Strong 
got  together  at  a  time  when  we  had  all  got  in  chatting  parties 
about  the  fires  and  stoves.  We  were  suddenly  called  to  order, 
and  Elsworth  was  up.  It  wras  a  most  formal  motion,  indeed, 
which  he  made,  and  then  read  a  resolution,  stating  that  a  mis 
take  had  been  made  yesterday  in  a  communication  which  had 
been  sent  to  the  House  of  Representatives,  and  desiring  them 
to  return  the  paper.  It  was  about  the  North  Carolina  session, 
and  I  suspected  all  was  not  very  right ;  but,  indeed,  as  much 
through  pastime  as  otherwise,  I  opposed  him.  He  grew 
serious  and  solemn  and  I  grew  rather  sportive,  but  with  a  grave 
face  on,  and  we  made  a  noble  debate  of  it.  It  would  be  idle 


FEB.  25]  MB.   MORRIS'  ACCOUNTS.  203 

to  blot  an  inch  of  paper  with  it.  The  question  was  at  length 
put,  and  Elsworth  lost  it.  Greatly  was  he  mortified  indeed, 
and  sat  down  in  a  visible  chagrin. 

Dr.  Johnson,  who  had  not  spoken  before,  now  got  up  and 
said  angry  things.  He  did  not  move  absolutely  for  a  recon 
sideration,  but  Elsworth  followed  him  and  urged  a  reconsid 
eration.  It  was  seconded  by  Strong.  I  got  up  and  opposed 
the  reconsideration  as  out  of  order,  and  another  most  impor 
tant  debate  ensued.  The  Chair  was  called  on,  and  he  declared 
the  question  out  of  order.  Mirdbile  dictu!  I  turned  to  Mr. 
Morris.  Had  he  decided  so  in  the  case  of  the  Susquehaima 
bill,  said  I,  we  should  have  had  Congress  on  the  banks  of  that 
river.  Mr.  Morris  said  yes.* 

Mr.  Morris  got  on  the  subject  of  the  difficulties  he  labored 
under  in  the  settlement  of  his  account.  Told  me  that  he  had 
to  send  again  to  Philadelphia  for  a  receipt-book  in  which  were 
some  trifling  accounts  for  -money  paid  to  the  extent  of  forty 
[shillings]  and  such  small  sums ;  but  concluded  I  will  have 
everything  settled  and  the  most  ample  receipt  and  certificate 
of  the  account  being  closed. 

February  B^th. — Attended  this  clay  in  Senate.  No  busi 
ness  of  any  consequence  done.  AVas  much  afflicted  with  a 
violent  headache ;  came  home  and  bathed  my  feet ;  but  my 
head  was  so  bad  I  had  to  lie  down.  This  was  a  day  of  com 
pany  at  our  house.  Madison  was  in  the  invitation,  and  came 
early  and  asked  for  me,  but  I  could  not  come  down-stairs.  I 
was  sorry  for  this,  but,  as  the  saying  is,  "  There  is  no  help  f or 
sickness."  Drank  tea  and  felt  better  after  it,  but  kept  my  bed. 

February  2oth. — Feel  almost  well  of  my  headache,  but  I 
thought  best  to  stay  at  home,  more  especially  as  I  expected 
nothing  of  consequence  to  be  clone  at  the  Senate.  Was  agree 
ably  surprised  with  the  arrival  of  Mr.  Richardson,  who  brought 
letters  to  me  from  my  family ;  received  also  letters  from  Phila 
delphia  containing  some  newspapers,  in  one  of  which  were  two 
pieces  which  I  forwarded  some  time  ago  for  publication. 
Those  from  my  family  were,  however,  to  me  the  most  agree- 

*  Mr.  Adams  had  decided  that  a  motion  to  reconsider,  made  by  one  of 
the  minority,  was  in  order.  In  the  last  session  a  motion  was  reconsidered, 
and  the  Susquehanna  bill  lost. 


204  PETER  PINDAR  ON  ROYALTY.  [1790 

able.     "Wrote  back  letters  by  Mr.  Richardson,  who  goes  to 
morrow. 

February  26th—  Attended  at  the  Hall;  showed  it  [the 
Hall]  to  Mr.  Richardson ;  then  went  to  the  bank  with  him  to 
get  some  money  changed.  Took  leave  of  him.  Visited  Bobby 
Harris.  Attended  at  the  Hall,  where  no  business  was  done. 
Received  an  agreeable  letter  from  Dr.  Logan.  Went  in  the 
evening  and  drank  tea  with  Mr.  Wynkoop,  who  has  got  his 
Avife  with  him.  Finished  the  evening  in  reading. 

O  O 

February  27th.— Xo  Senate  this  day.  Went  with  the 
Speaker  to  buy  books.  I  bought  Peter  Pindar,  whose  sar 
castic  and  satirical  vein  will  write  monarchy  into  disrepute  in 
Britain.  His  shafts  are  aimed  personally  at  his  present  Maj 
esty,  but  many  of  them  hit  the  throne,  and  will  contribute  to 
demolish  the  absurdity  of  royal  government.  Thus,  even 
Peter,  who  I  guess  to  be  a  servile  creature  paying  court  to  the 
heir-apparent  and  the  rising  royal  family,  may  be  a  useful  in 
strument  in  opening  the  eyes  of  mankind  to  the  absurdity  of 
human  worship  and  the  adulation,  nay,  almost  adoration,  paid 
to  work  of  their  own  hands.  Kings  and  governors  originally 
were  meant  for  the  use  and  advantage  of  the  governed,  but 
the  folly  of  men  has  puffed  them  out  of  their  places  and  made 
them  not  only  useless  but  burdensome. 

General  Heister  called  this  evening.  The  Pennsylvania 
newspapers  spoke,  particularly  Oswald's,  of  the  20th.  It 
[the  paper]  had  been  in  the  House  of  Representatives,  but 
the  Speaker  said  Fitzsimons  got  his  hands  on  it,  and  he  saw 
no  more  of  it.  I  reminded  him  that  I  had  left  one  of  those 
papers  in  his  and  the  General's  room,  and  that  also  was  mis 
laid.  I,  however,  got  'one  of  them  for  Heister,  as  two  were 
inclosed  to  me.  Wrote  this  day  to  George  Logan,  vide  letter- 
hook.  Paid  for  the  Speaker  at  the  book-store  £2  Os.  Od. 
Paid. 

February  28th. — Being  Sunday,  stayed  at  home  all  day. 
Read  and  wrote  letters  to  my  family.  Lent  General  Muhlen- 
berg  two  half  Johannes.  Paid. 

March  1st. — Visited  Mr.  Harris,  whom  I  find  mending  fast. 

o 

Returned  to  the  Hall ;  sat  for  some  time  ;  nothing  done.     Re 
ceived  a  note  -to  dine  with  the  President  of  the  United  States, 


MARCH  3]  "LAMPOONING"  JOHN  ADAMS.  205 

Went  into  the  Chamber  of  Representatives  and  heard  the  de 
bates  till  three  o'clock,  which  I  thought  unimportant.  Ames, 
however,  read  in  his  place  a  string  of  resolutions  touching  the 
manner  in  which  the  States  were  to  bring  forward  their  claims, 


which  I  thought  alarming. 


March  2d. — Just  nothing  done  this  day  in  Senate  save  re 
ceiving  Bailey's  bill  for  certain  inventions  from  the  Repre 
sentatives.  Some  spiteful  remarks  made  on  it.  To-morrow 
assigned  for  a  second  reading.  Visited  Mr.  Harris,  whom  I 
find  recovering  fast.  Did  not  attend  in  the  House  of  Repre 
sentatives.  Our  Yice-President  goes  every  day,  and  the  mem 
bers  spend  their  time  in  lampooning  him  before  his  face  and 
in  communicating  the  abortions  of  their  Muses,  and  embryo 
wittings  resound  the  room.  Perhaps  they  may  have  got  and 
dressed  the  buntings  of  their  brains  at  their  lodgings  in  order 
to  pop  them  on  the  company  to  the  greater  advantage.  A 
resolve  passed  the  Representatives  this  day  that  seems  to  show 
that  they  begin  to  think.  It  is  a  call  on  the  Secretary  to 
ascertain  the  resources,  that  they  may  be  applied  to  the  pay 
ment  of  the  State  debts  if  they  should  be  adopted.  The 
Speaker  was  at  the  levee  to-day.  When  he  came  home,  he 
said  the  State  debts  must  ~be  adopted.  This,  I  suppose,  is  the 
language  of  the  court. 

March  3d. — This  day  Bailey's  bill  taken  up  for  the  second 
reading.  Five  members  rose  to  oppose  it.  I  was  up  three 
times,  and  I  am  convinced  we  should  have  carried  it.  Mr. 
Morris  rose,  however,  and  proposed  that  it  should  be  com 
mitted  to  the  very  men  wTho  opposed  it.  Langdon  made  a 
formal  motion  to  this  purpose,  and  was  seconded  by  Bassett. 
Such  a  committee  was  accordingly  appointed.  It  is  a  new 
way,  to  commit  a  bill  to  its  enemies.  We  will  see  what  will 
come  of  it. 


206  DINNER   WITH   WASHINGTON.  [1790 


CHAPTER  VI. 

THE    ASSUMPTION    AND    NATURALIZATION    BILLS. 

March  4-th. — Visited  Mr.  Harris  this  morning.  Found 
him  recovering!:  fast.  I  have  an  interest  in  everything  that 

O  i/  «_) 

happened  to  him,  of  which  lie  is  little  aware ;  indeed,  nobody 
knows  my  feelings  on  this  subject  but  "myself.  He  will,  I 
trust,  be  well  in  a  few  days,  and  if  his  complaint  should  be 
completely  removed  it  may  tempt  me  to  advise  a  person,  in 
whose  welfare  I  feel  myself  deeply  interested,  to  submit  to  the 
same  operation.  But  of  this  hereafter. 

My  bodings  of  yesterday  were  not  ill  founded  with  respect 
to  Bailey's  bill.  A  man  ought  not  to  put  his  hand  in  a  dog's 
mouth,  and  trust  to  his  generosity  not  to  bite  it ;  commit  the  bill 
to  its  declared  enemies,  and  trust  to  their  generosity  to  report 
in  favor  of  it !  My  conjectures  were  right,  and  they  have  re 
ported  dead  against  it. 

Dined  with  the  President  of  the  United  States.  It  was  a 
dinner  of  dignity.  All  the  Senators  were  present,  and  the 
Vice-President.  I  looked  often  around  the  company  to  find 
the  happiest  faces.  Wisdom,  forgive  me  if  I  wrong  thee,  but 
I  thought  folly  and  happiness  most  nearly  allied.  The  Presi 
dent  seemed  to  bear  in  his  countenance  a  settled  aspect  of 
melancholy.  No  cheering  ray  of  convivial  sunshine  broke 
through  the  cloudy  gloom  of  settled  seriousness.  At  every 
interval  of  eating  or  drinking  he  played  on  the  table  with  a 
fork  or  knife,  like  a  drumstick.  Next  to  him,  on  his  right, 
sat  Bonny  Johnny  Adams,  ever  and  anon  mantling  his  visage 
with  the  most  unmeaning  simper  that  ever  dimpled  the  face 
of  folly.  Goddess  of  Nature,  forgive  me  if  I  censure  thee  for 
that  thou  madest  him  not  a  tailor,  so  full  of  small  attentions  is 


MARCH  7]  DINNER  WITH   WASHINGTON.  207 

lie,  and  so  well  qualified  does  lie  seem  to  adjust  the  etiquette  of 
loops  and  buttons.  But  stay,  perhaps  I  wrong  thee.  So  miser 
ably  doth  he  measure  politics,  and  so  unmercifully  and  unskill- 
fully  would  he  play  the  shears  of  government  in  cutting  out 
royal  robes  and  habiliments,  that  it  may  justly  be  doubted 
whether  the  measure  of  his  understanding  be  adequate  to  the 
adjusting  the  proportions  of  the  back,  belly,  and  breeches  of 
the  human  form  agreeably  to  the  rules  of  an  experienced  habit- 
maker.  Thus,  goddess,  among  the  savage  tribes  of  the  lazy, 
lying,  lumpish  Indian,  who  can  neither  hunt,  fish,  nor  hoe  corn, 
makest  tliou  the  dreaming,  smoking,  pretended  prophet,  priest, 
and  politician.  Goddess,  we  acknowledge  thy  power  and  sub 
mit  to  thy  sway,  but  humbly  pray  we  may  never  have  another 
similar  example  of  it. 

March  6th. — Just  after  I  entered  the  Senate  chamber,  I 
received  from  my  brother  a  letter,  which  made  me  consider 
ably  uneasy,  about  some  rascally  carryings  on  at  the  Penn 
sylvania  Land-Office.  It  has  occasioned  me  to  write  sundry 
letters,  and  really  has  fretted  me  a  good  deal.  But  away  with 
it !  This  day  gave  a  fresh  instance  of  the  rascality  of  Otis. 
The  committee  on  Bailey's  bill  reported  yesterday,  and  said 
not  one  word  more,  nor  was  another  word  said  in  the  Senate, 
but  Otis  had  on  the  minutes  ordered  that  the  report  be  ac 
cepted.  I  did  not  immediately  observe  it,  but  I  called  on 
him  about  it,  His  excuse  was  Mr.  Adams  had  ordered  him 
to  do  so.  Visited  Mr.  Harris ;  found  him  getting  much 
better. 

March  6th. — Stayed  at  home.  In  the  evening  visited  Mr. 
Harris,  wThom  I  found  recovering.  I  wrote  this  day  to  the 
Secretary  and  Receiving-General  of  the  Land-Office  respect 
ing  the  affair  of  which  my  brother  wrote  to  me.  Read  the 
account  of  the  Pelew  Islands  by  Keale,  a  catchpenny  thing, 
perhaps  true  enough,  but  stretched  and  swelled  as  if  it  had 
been  puffed  by  Hawksworth.  Paid  iny  barber  for  two  months, 
and  \s.  (kl.  for  a  ribbon. 

March  7th. — Devoted  this  day  to  writing  to  my  family. 
Wrote  to  every  one,  even  little  Billy.  I,  however,  crowded 
the  girls  into  one  letter.  This  is  hardly  fair,  but  I  must  be 
more  liberal  to  them  next  time.  Called  to  see  Mr.  Harris, 


208  NATURALIZATION  BILL  TAKEN  UP.  [1790 

and  found  him  quite  cheerful.  He  will  be  about  in  a  few 
days,  if  nothing  happens  amiss  to  him. 

March  8th. — This  is  the  important  week,  and  perhaps  the 
important  day,  when  the  question  will  be  put  on  the  assump 
tion  of  the  State  debts.  I  suspect  this  from  the  rendezvousing 
of  the  crew  'of  the  Hamilton  galley.  It  seems  all  hands  are 
piped  to  quarters. 

Four  o'clock. — I  was  rather  deceived,  as  the  adoption  party 
do  not  yet  consider  themselves  strong  enough  to  risk  the 
putting  of  the  question,  for  it  seems  the  day  has  passed  and 
nothing  is  done.  The  Naturalization  bill  was  taken  up.  The 
debates  were  exceedingly  lengthy  and  a  great  number  of  amend 
ments  moved.  Mr.  Morris  stood  by  me  in  one,  that  was  to 
enable  aliens  to  hold  lands  in  the  United  States.  'Tis  said 
he  has  an  agent  in  Europe  now  selling  lands.  I  am  wrong  to 
minute  this  circumstance.  He  is,  however,  very  seldom  with 
me.  I  know  not  how  it  came,  but  I  was  engaged,  on  one  side 
or  the  other,  warmly  on  every  question.  The  truth  of  the 
matter  is,  it  is  a  vile  bill,  illiberal  and  void  of  philanthropy, 
and  needed  mending  much.  We  complained  [to  the  Repre 
sentatives  from  Pennsylvania]  that  such  an  ungenerous  bill 
should  be  sent  to  us — at  least  I  did.  They  answered,  "  You 
have  little  to  do,"  and  they  sent  us  employment. 

This  night  the  Pennsylvanians  supped  together  at  Sim 
mons'.  'Twas  freely  talked  of  that  the  question  was  to  have 
been  taken  this  day  on  the  assumption  of  the  State  debts,  but 
Vining,  from  the  Delaware  State,  is  come  in,  and  it  was  put 
off  until  he  would  be  prepared  by  the  Secretary  [Hamilton], 
I  suppose,  so  that  my  morning  creed  was  a  well-founded  be 
lief.  The  language  of  the  Philadelphia  gentlemen  is  still  for 
adoption.  The  great  reason  formerly  urged  for  it  was  that 
Pennsylvania  would  draw  a  great  revenue  from  the  Union.  T 
brought  forward  the  case  of  Amsterdam,  to  which  the  United 
Provinces  owed  great  balances,  which  were  not  paid  a  century 
after  the  Revolution.  Mr.  Fitzsimons  said  they  were  not 
paid  yet  nor  never  would  be ;  but  then,  with  one  voice,  all  the 
three  citizens  [Morris,  Fitzsimons,  and  Scott]  said  little,  if 
anything,  would  be  due  to  Pennsylvania,  and  declared  that 
settling  old  accounts  was  misspent  time.  Burn  all  old  ac- 


MARCH  9]  "BURN   ALL  OLD  ACCOUNTS."  209 

counts,  said  Mr.  Morris,  and  pay  only  the  people  who  now  hold 
certificates.  I  wished  for  harmony  and  declined  argument, 
but  said  the  citizens  of  Philadelphia  would  not  abandon  the 
State  securities.  This  was  admitted,  but  Mr.  Morris  said  that 
the  State  might  subscribe  for  the  amount  of  them.  This  would 
be  sinking  two  per  cent  to  the  State,  as  they  would  subscribe 
in  at  four  per  cent,  and  pay  six  to  their  own  citizens.  But 
T  forbore  entering  into  argument.  Colonel  Hartley  kept 
shuffling  about,  still  repeating  all  depends  on  the  adoption  of 
the  State  debts.  "  If  this  is  not  done,  New  England  and  Caro 
lina  will  fly  off,  and  the  Secretary's  scheme  is  ruined.  We 
must,  we  must  adopt  it."  Hartley  is  lucky,  but  this,  in  fact,  is 
the  court  lesson. 

March  9th. — In  the  Senate  chamber  this  morning  Butler 
said  he  heard  a  man  say  he  would  give  Yining  one  thousand 
guineas  for  his  vote,  but  added,  "  I  question  whether  he  would 
do  so  in  fact."  So  do  I,  too,  for  he  might  get  it  for  a  tenth 
part  of  the  sum.  I  do  not  know  that  pecuniary  influence  has 
actually  been  used,  but  I  am  certain  that  every  other  kind  of 
management  has  been  practiced  and  every  tool  at  work  that 
could  be  thought  of.  Officers  of  Government,  clergy,  citizens, 
[Order  of]  Cincinnati,  and  every  person  under  the  influence 
of  the  Treasury ;  Bland  and  linger  carried  to  the  chamber 
of  Representatives — the  one  lame,  the  other  sick.  Clymer 
stopped  from  going  away,  though  he  had  leave,  and  at  length 
they  risked  the  question  and  carried  it,  thirty-one  votes  to 
twenty-six.  And  all  this  after  having  tampered  with  the 
members  since  the  22d  of  last  month  [February],  and  this  only 
in  committee,  with  many  doubts  that  some  will  fly  off  and 
great  fears  that  the  North  Carolina  members  will  be  in  before 
a  bill  can  be  matured  or  a  report  gone  through.  Mr.  Morris 
received  a  note  signed  J.  C.,  communicating  the  news.  He 
only  said,  "  I  am  sorry  it  is  by  so  small  a  majority."  General 
Muhlenberg  and  Heister,  of  the  Pennsylvania  delegation,  only, 
were  in  the  negative. 

I  had  to  wrangle  with  the  New  England  men  alone  on  the 

Naturalization  bill  till  near  one  o'clock.     Johnston,  of  North 

Carolina,  took  in  some  degree  a  part  with  me.     I  held  my 

own,  or  at  least  I  thought  so,  with  tolerable  success,  but  such 

14 


210  PENNSYLVANIANS  FAVOR  IMMIGRATION.  [1790 

shuffling  and  want  of  candor  I  really  scarce  ever  before  was 
witness  to.  I  certainly,  however,  gained  greatly.  Twice  yes 
terday  did  we  attempt,  without  success,  to  throw  out  the  two 
years'  residence.  The  amendments  which  I  offered  went  to 
cure  this  defect  with  respect  to  the  power  of  holding  lands. 
Numbers  of  gentlemen  now  declared  their  dislike  of  the  two 
years,  and  wished  the  bill  committed  for  the  purpose  of  having 
this  part  rejected.  I  agreed,  but  we  were  very  unlucky  in 
our  committee.  We  Pennsylvanians  act  as  if  we  believed  that 
God  made  of  one  blood  all  families  of  the  earth ;  but  the  East 
ern  people  seem  to  think  that  he  -made  none  but  New  Eng 
land  folks.  It  is  strange  that  men  born  and  educated  under 
republican  forms  of  government  should  be  so  contracted  on 
the  subject  of  general  philanthropy.  In  Pennsylvania,  used 
as  we  are  to  the  reception  and  adoption  of  strangers,  we  re 
ceive  no  class  of  men  with  such  diffidence  as  the  Eastern  peo 
ple.  They  really  have  the  worst  characters  of  any  people  who 
offer  themselves  for  citizens.  Yet  these  are  the  men  who 
affect  the  greatest  fear  of  being  contaminated  with  foreign 
manners,  customs,  or  vices.  Perhaps  it  is  with  justice  that 
they  fear  an  adoption  of  any  of  the  latter,  for  they  surely  have 
enough  already. 

March  10th. — Was  the  first  at  the  Hall  this  morning. 
However,  it  was  not  long  before  some  of  the  'Secretary's 
.[Hamilton]  gladiators  came  in.  What  an  abject  thing  a  man 
becomes  when  he  makes  himself  a  tool  to  any  one  !  I  ventured 
to  predict  to  one  of  them  that  the  Secretary's  system  would 
fail.  "  Why,  but  the  assumption  of  the  State  debts  is  carried 
already."  I  ventured  to  tell  how.  From  me,  distant  as  the 
room  wrould  let  him,  did  he  fly  off.  Bassett  has  this  clay  de 
clared  in  the  most  unequivocal  manner  against  the  adoption  of 
the  State  debts ;  says  if  they  are  adopted  he  will  move  for  two 
per  cent.  I  asked  him  how  Mr.  Read  would  be  on  this  ques 
tion.  He  said  against  assumption.  But  both  of  them  acted  a 
weak  part  in  the  affair  of  the  residence.  The  business  of  this 
day  does  not  merit  a  minute.  The  Senate  adjourned  early  and 
I  came  home,  as  I  did  not  feel  very  well. 

We  had  company  this  day.  The  greater  part  were  New 
England  men,  who  soon  went  awray.  Burke  and  Tucker  both 


MARCH  12]  INCREASED  SALARIES.  211 

voted  for  the  assumption  of  the  State  debts.  Tucker  declared 
his  views  in  the  most  unequivocal  manner ;  after  the  State 
[debts]  were  discharged  by  the  Federal  assumption,  to  sponge 
the  whole.  Burke  reprobated  the  whole  of  the  Secretary's  re 
port  and  declared  it  would  blow  up.  He  was  not  so  explicit, 
but  seemed  in  unison  with  Tucker.  What  must  come  of  the 
report  if  these  men  are  sincere  ?  They  have  been  among  the 
supporters  of  it ;  but,  alas  !  what  poor,  supple  things  men  are, 
bending  down  before  every  dinner  and  fioated  away  with  every 
flask  of  liquor !  Paid  my  boarding  off  this  day. 

March  llth. — Snowed  all  last  night  and  a  snowy  morning. 
Attended  at  the  Hall.  Two  bills  came  up  from  the  Repre 
sentatives — the  bill  for  inventions  and  one  to  give  additional 
salaries  to  clerks.  Read  for  the  first  time.  A  bill  for  the  miti 
gation  of  fines  and  forfeitures  was  taken  up  for  a  second  read 
ing.  Opposed  by  Bassett  and  Few.  A  commitment  was  early 
moved  and  seemed  generally  agreed  to,  but  the  members 
popped  up  and  down  talking  about  it  and  about  it  for  above 
an  hour.  Something  occurred  to  me  which  none  of  them 
touched  ;  but  I  thought  it  useless  to  rise ;  besides,  I  had  been 
almost  constantly  on  my  legs  on  the  8th  and  9th,  and  a  man, 
even  a  good  speaker,  loses  all  weight  if  he  makes  himself 
troublesome.  Patterson,  I  find,  belongs  to  the  gladiatorial 
band.  I  ever  thought  since  I  knew  him  that  he  was  a  loaf- 
and-fish  man.  He  talks  of  resigning,  and  I  suppose  we  will 
hear  of  his  being  a  judge  or  something  better  than  a  Senator. 

March  12th. — Attended  this  day  at  the  Hall.  No  business 
of  consequence  done.  The  committee  on  the  Naturalization 
bill  reported,  but  far  short  of  the  points  which  I  wished  estab 
lished  in  it.  There  really  seems  a  spirit  of  malevolence  against 
Pennsylvania  in  this  business.  We  have  been  very  liberal  on 
the  subject  of  admitting  strangers  to  citizenship.  We  have 
benefited  by  it  and  still  do  benefit.  Some  characters  seem  dis 
posed  to  deprive  us  of  it.  I  moved  a  postponement  of  a  day, 
that  we  might  consider  of  this  amendment.  It  was  easily  car 
ried  ;  but  Izard  snapped,  ill-natured  as  a  cur,  and  said  "  No  " 
alone.  Mr.  Morris  turned  toward  me  this  day  and  seemed  to 
invite  a  tete-a-tete.  He  said  Mr.  Wilson  is  coming  over.  I 
asked  if  on  any  court  business.  Tie  did  not  know ;  believed 


212  A  CALL  ON  MR.  SCOTT.  [1790 

not.  We  spoke  of  who  would  be  Governor  [of  Pennsylvania]. 
lie  declared  in.  favor  of  St.  Clair ;  spoke  against  Mifflin  and 
Bingham.  I  said  I  had  heard  Miles  spoken  of.  lie  objected 
to  Miles  as  wanting  knowledge.  I  never  made  mention  of  any 
of  the  Muhlenbergs.  lie  objected  to  Mifflin  ;  said,  "  See  what 
sort  of  people  he  has  put  in  office."  The  S.  G.  was  mentioned. 
lie  said,  "  You  should  have  had  that  office."  I  went  into 
some  details  of  the  duties  of  that  office,  showed  it  wras  one  in 
which  a  drone  might  slumber,  but  if  filled  well  was  a  most 
laborious  office,  and  pointed  out  how. 

March  13th. — Being  Saturday,  the  Senate  did  not  meet. 
Stayed  at  home  all  day ;  read  and  looked  over  the  journals  of 
Congress.  A  day  perfectly  unimportant.  The  streets  were 
very  sloppy  with  the  melting  of  the  snow. 

March  14-th. — There  was  a  considerable  fire  in  the  neigh 
borhood  last  night ;  it,  of  course,  raised  me  by  daylight.  After 
breakfast  the  day  seemed  so  delightful  I  could  not  help  walk 
ing.  I  went  to  Mr.  Scott's  lodgings.  I  got  at  him  on  the  sub 
ject  of  the  Secretary's  report.  lie  declared  to  me  that  he  was 
altogether  against  it.  I  asked  him  if  he  had  any  correspond 
ence  with  Pennsylvania.  He  declared  no.  I  put  Nicholson's 
piece  into  his  hand  ;  I  put  Mr.  Findley's  letter  into  his  hand.  I 
told  him  there  were  some  people  discontented  in  Pennsylvania. 
I  read  Dr.  Logan's  letter  to  him  as  a  proof  of  it.  He  called  it 
anti-Federalism.  I  took  out  Dr.  Push's — call  him  anti-Federal 
if  you  will.  It  was  worse.  He  went  into  the  allegations 
against  Nicholson  with  regard  to  the  State  accounts.  To  say 
all  of  him  [Scott]  in  one  word,  he  has  thrown  himself  into 
Fitzsimons'  wake  more  from  the  principles  of  indolence  than 
anything  else.  He  will  not  give  himself  the  trouble  of  acting 
independently.  I  found  a  woman  in  the  room  with  him  with 
a  young  child  in  her  arms.  He  appeared  to  be  fondling  on 
the  child. 

I  called  in  the  afternoon  on  a  Mr.  Ryerson,  a  member  of 
the  Assembly  from  Pennsylvania,  at  the  City  Tavern.  I  ex 
pected  he  had  letters  from  my  brother ;  but  he  had  none,  nor 
did  my  brother  *  know  of  his  coming.  I  asked  him  what  was 

*  Samuel  Maclay,  afterward  United  States  Senator,  1803-1809. 


MARCH  16]  DEBATE  ON  NATURALIZATION.  213 

doing  in  the  Pennsylvania  Assembly.  He  said  not  much.  He 
had  dined  out  with  Mr.  Morris.  I  spoke  to  him  of  the  adop 
tion  of  the  State  debts.  Oh,  yes,  he  believed  people  were  gen 
erally  for  it.  On  speaking  a  little  further,  I  found  him  abso 
lutely  ignorant  of  every  ray  of  information  about  them.  He 
owned  it  after  some  time,  and  desired  me  to  put  some  state  of 
the  matter  on  paper,  and  that  he  would  pay  particular  atten 
tion  to  it  when  he  returned. 

March  15th. — I  complied  with  Mr.  Ryerson's  request,  and 
furnished  him  with  an  abstract  of  the  State  debt  of  Pennsyl 
vania,  and  a  number  of  remarks  on  it.  I  read  it  very  deliber 
ately  to  him,  and  he  seemed  to  understand  it. 

The  only  debate  of  any  consequence  this  day  in  the  Senate 
was  on  the  Naturalization  bill.  The  same  illiberality  as  was 
apparent  on  other  occasions  possessed  the  New  England  men. 
Immigration  is  a  source  of  population  to  us,  and  they  wish  to 
deprive  us  of  it.  I  was  up  several  times,  but  always  endeav 
ored  to  be  concise  and  to  the  point  as  much  as  I  possibly  could. 
Mr.  Morris  was  up  once.  I  thought  he  lost  himself,  and,  by 
way  of  getting  out,  said  he  was  of  the  same  opinion  as  the 
member  from  New  York  (Mr.  King).  Mr.  King  is  as  much 
against  us  as  any  of  them,  but  he  does  it  in  an  indirect  man 
ner.  We  spent  to  three  o'clock  on  it. 

I  dined  this  day  at  Elsworth's  by  invitation  from  General 
Heister.  Madison,  Bishop  Prevost,  and  a  considerable  num 
ber  at  dinner,  the  Speaker  and  General  Muhlenberg.  Nothing 
remarkable. 

I  called  on  Ryerson  and  put  into  his  hands  a  number  of 
remarks  pointedly  against  the  Assumption  bill,  etc.  He  talked 
of  great  intimacy  with  my  brother.  My  brother  had  men 
tioned  him  to  me  in  terms  of  respect  in  some  of  his  letters.  I 
therefore  treated  him  with  unbounded  confidence.  This  was 
imprudent  and  I  ought  not  to  have  done  it,  nor  would  I  had 
it  not  been  for  some  of  my  brother's  letters,  in  which  he  men 
tions  Ryerson  as  connected  with  him  in  some  political  points. 

March  16th. — Mr.  Morris  looked  with  a  strange  degree  of 
shyness  at  me  for  some  time  after  we  met  in  the  Hall.  I  had 
heard  that  Ryerson  came  from  Philadelphia  to  do  business 
with  Mr.  Morris.  It  occurred  in  a  moment  to  me  that  he  had 


THE  RYERSON   EPISODP].  [1790 

betrayed  to  Mr.  Morris  all  that  had  passed  between  him  and 
me,  and  likewise  my  remarks  in  manuscript  on  the  assumption 
of  the  State  debt.  In  this  moment  mens  conscia  recti  was  a 
treasure  to  me.  I  had  told  Ryerson  that  there  were  no  hopes 
of  Mr.  Morris  being  with  me  on  this  question,  but  that  I  had 
passed  no  censure  on  him  for  it.  I  determined  to  avow  all  I 
had  done,  as  I  did  nothing  with  any  view  of  concealment.  I 
had  hinted  to  Hyerson  that  I  rather  wished  than  otherwise 
that  the  General  Assembly  [of  Pennsylvania]  should  declare 
their  sense  on  this  question  of  assumption,  and  the  more  so  as 
Carolina  had  instructed  her  members  for  it. 

Mr.  Morris,  after  sitting  serious  a  good  while,  turned  to 
me  and  began  a  familiar  chat.  At  last  he  asked  me  to  walk- 
on  one  side  from  our  seats,  and  asked  me  if  back  lands  could 
still  be  taken  up.  I  told  him  yes.  lie  immediately  proposed 
to  me  to  join  him  in  a  speculation  in  lands  which  he  said  he 
thought  that  he,  from  his  connections  in  Europe,  could  sell  at  a 
dollar  an  acre.  I  paused  a  moment ;  said,  as  our  waste  lands 
were  totally  unproductive,  such  a  thing  might  be  beneficial  to 
the  public  as  well  as  ourselves  ;  that  in  these  points  of  view  I  saw 
no  objection.  I  stated  some  affairs  of  our  Land-Office  briefly, 
and  he  concluded  we  would  make  up  our  estimates  at  the  first 
leisure  moment.  If  he  is  in  earnest  in  this  matter,  he  will  be 
favorable  to  the  lowering  of  the  terms  of  the  Land-Office.  I 
have,  however,  the  most  unequivocal  proofs  of  the  baseness  of 
Ryerson,  who,  notwithstanding  his  promises,  has  communi 
cated  everything  to  Mr.  Morris.  The  principal  debates  this 
day  were  on  the  Naturalization  bill,  and  were  characterized 
with  the  same  illiberality  as  those  before  mentioned. 

"We  had  company  this  day,  mostly  Virginians.  Colonel 
Bland  was  of  the  number.  lie  is  an  assumer  on  the  subject 
of  the  State  debts.  lie  avowed  his  design  to  be  a  demonstra 
tion  to  the  wrorld  that  our  present  Constitution  aimed  directly 
at  consolidation,  and  the  sooner  everybody  knew  it  the  better ; 
so  that,  in  fact,  he  supported  the  Secretary  on  anti-Federal 
principles.  This,  I  believe,  is  the  design  of  Gerry  and  many 
more.  The  New  England  men,  however,  want  to  get  their 
debts  shook  off  before  they  declare  themselves  completely.  In 
their  former  attempts  to  sink  them  they  raised  Shays'  insurrec- 


MARCH  17]    THE  NATURALIZATION   BILL   DEBATED.  215 

tion.  After  dark  I  received  a  letter  from  my  brother,  calling 
Ryerson  a  scoundrel  in  direct  terms.  He  is  a  mere  tool  to 
the  Philadelphians,  and  has  deceived  my  brother. 

March  17th. — The  Appropriation  bill  was  just  read,  and 
the  President  passed  to  and  took  up  the  Mitigation  bill  [of 
tines,  forfeitures].  It  was  on  the  third  reading,  and  Elsworth 
offered  an  amendment  and  the  bill  was  committed. 

Now  the  Naturalization  bill  was  taken  up,  and  all  our  old 
arguments  went  over  and  over  again.  The  fact  is,  the  adop 
tion  of  strangers  has  set  Pennsylvania  far  ahead  of  her  sister 
States.  They  are  spiteful  and  envious,  and  wish  to  deprive 
her  of  this  source  of  population ;  but  it  will  scarcely  do  to 
avow  openly  such  ungenerous  conduct.  It  therefore  must  be 
done  under  various  pretenses  and  legal  distinctions.  Two 
years'  residence  was  insisted  on  in  the  bill.  We  cared  not  for 
this,  but  let  the  stranger  hold  land  the  moment  he  comes,  etc., 
etc.  Two  law  opinions  were  supported  in  the  debates  of  the 
day :  one,  that  of  the  power  of  holding  lands  was  a  feature  of 
naturalization ;  that  lands,  etc.,  could  not  be  held  without  it. 
This  doctrine  was  pushed  so  far  by  Elsworth  as  to  declare  that 
the  rights  of  electors,  being  elected,  etc.,  should  attend  and  be 
described  in  the  act  of  naturalization.  All  that  could  be  said 
would  not  support  this  doctrine.  Elsworth  was  even  so  ab 
surd  as  to  suppose,  if  a  man  acquired  the  right  of  suffrage  in 
one  State,  he  had  it  in  all,  etc.  This  doctrine  it  was  seen 
would  not  carry,  and  now  one  more  conformable  to  the  com 
mon  law  was  set  up. 

It  was  alleged  that  the  disability  of  an  alien  to  hold  lands 
arose  from  the  common  law,  and  was  separable  from  the 
rights  of  naturalization,  as  in  the  case  of  denization  in  England, 
where  the  Crown  could  confer  the  right  of  giving,  receiving, 
and  holding  real  property.  When  an  alien,  therefore,  was 
enabled  to  hold  real  estate,  it  was  in  reality  by  repealing  part 
of  the  common  law  with  respect  to  him  ;  not  by  giving  a 
power,  but  taking  away  a  disability.  It,  therefore,  strictly 
speaking,  rested  with  the  respective  States  whether  they 
would  repeal  the  common  law  with  respect  to  aliens  touching 
the  point  of  holding  property,  and,  being  a  pure  State  concern, 
had  no  occasion  to  be  made  any  mention  of  in  the  Naturaliza- 


MR.   ADAMS  USES  IMPERIAL  LANGUAGE.  [1790 

tion  act,  but  must  remain  to  be  settled  by  the  different  States 
by  law,  as  well  as  the  rights  of  elections,  etc.  We  of  Pennsyl 
vania  contended  hard  to  have  a  clause  for  empowering  aliens 
to  hold,  etc.,  but  the  above  reasoning  prevailed,  and  we  lost  it. 

Before  the  Senate  was  formed  this  morning,  Mr.  Carrol,  of 
Carrolton,  happened  to  be  sitting  next  to  me.  We  were  chat 
ting  on  some  common  subject.  The  Vice-President  was  in 
the  chair,  which  he  had  taken  on  the  performance  of  prayer. 
He  hastily  descended,  and  came  and  took  the  chair  next  to 
Mr.  Carrol's,  He  began  abruptly  :  u  How  have  you  arranged 
your  empire  on  your  departure  ?  Your  revenues  must  suffer 
in  your  absence.  What  kind  of  administration  have  you  es 
tablished  for  the  regulation  of  your  finances  ?  Is  your  gov 
ernment  intrusted  to  a  viceroy,  nuncio,  legate,  plenipotenti 
ary,  or  charge  d'affaires  ? "  etc.,  etc.  Carrol  endeavored  to 
get  him  down  from  his  imperial  language  by  telling  him  he 
had  a  son-in-law  who  paid  attention  to  his  affairs,  etc.  'Twas 
in  vain.  Adams  would  not  dismount  his  hobby.  At  it  again  ; 
nor  was  there  an  officer,  in  the  household,  civil,  or  military 
departments  of  royal  or  imperial  government  that  he  had  not 
an  allusion  to.  I  pared  my  nails  and  thought  he  wrould  soon 
have  done,  but  it  is  no  such  easy  thing  to  go  through  the 
detail  of  an  empire.  Guardian  goddess  of  America,  canst 
thou  not  order  it  so,  that  when  thy  sons  cross  the  Atlantic 
they  may  return  with  something  else  besides  European  forms 
and  follies  ?  But  I  found  this  prayer  ruffled  me  a  little,  so  I 
left  them  before  Adams  had  half  settled  the  empire. 

Mr.  Morris  had  some  further  chat  on  the  proposal  of  yes 
terday.  I  told  him  that,  if  I  thought  it  possible  that  disadvan 
tage  could  How  either  to  the  public  or  individuals,  I  never 
would  hear  of  it.  He  said  advantage  would  probably  flow  to 
the  public  from  it.  It  would  be  the  means  of  bringing  us 
both  money  and  people.  I  now  touched  him  on  the  subject, 
of  lowering  back  lands  of  Pennsylvania.  It  was  a  cold  scent. 

.  O  »/ 

I  find  he  is  for  what  the  speculators  call  dodging :  selling  the 
land  in  Europe  before  he  buys  it  here.  He  repeated  that  a 
dollar  an  acre  could  be  got  for  it. 

March  18th. — The  burden  of  this  day's  debate  was  the 
Naturalization  bill  over  again.  From  the  most  accurate  obser- 


MARCH  19]  THE  NATURALIZATION   BILL.  217 

vatioii  I  have  been  able  to  make,  the  conduct  of  the  members 
has  been  influenced  by  the  following  motives  :  As  Pennsyl 
vania  is  supposed  likely  to  derive  most  benefit  by  migrations, 
the  Eastern  members  are  disposed  to  check  it  as  much  as  they 
can.  Jersey  nearly  indifferent  ;  Delaware  absolutely  so  ; 
Maryland  as  Jersey ;  Virginia  unrepresented  ;  North  Carolina 
favorable  ;  South  Carolina  and  Georgia  want  people  much,  but 
they  fear  the  migrations,  and  will  check  them  rather  than  run 
the  chance  of  importing  people  who  may  be  averse  to  slavery. 
Hence  the  bill  passed  the  House  [Senate]  nearly  as  it  came  up 
from  the  Representatives. 

The  governing  ideas,  however,  seem  to  be  the  .following  : 
That  the  holding  property  was  separable  from  and  not  abso 
lutely  connected  with  naturalization ;  that  laws  and  regula 
tions  relating  to  property,  not  being  among  the  powers 
granted  to  Congress,  remained  with  the  different  States. 

&  o          ~ 

Therefore,  Congress  would  be  guilty  of  an  assumption  of 
power  if  they  touched  it ;  that  the  holding  of  property  was  a 
common  law  right,  and  the  disability  of  aliens  to  hold  prop 
erty  from  that  quarter.  King,  Patterson,  Bassett,  Read, 
Henry,  and  Johnson,  all  finally  settled  in  this  way.  Elsworth 
dead  against  this  ;  the  holding  property  (real)  a  feature  insep 
arable  from  naturalization,  etc.  Strong  rather  inclined  to 
Elsworth.  Dr.  Johnson  said  about  as  much  on  one  side  as 
the  other.  Few,  too,  is  said  to  be  a  lawyer ;  but,  though  he 
spoke  a  great  deal,  he  did  not  seem  to  enter  into  the  distinc 
tions.  For  our  parts  we  wished  the  Naturalization  bill  to  be 
in  exact  conformity  as  possible  to  the  existing  laws  relating  to 
aliens  in  Pennsylvania ;  and  this,  I  am  convinced,  would  have 
been  the  case  had  it  not  been  for  that  low  spirit  which  con 
taminates  public  characters  as  well  as  private  life. 

March  19th. — The  Naturalization  bill  again  taken  up. 
Now  Butler,  too  proud  to  have  lent  his  aid  to  any  motion  that 
was  not  his  own,  came  forward  with  two  motions.  They 
were,  in  fact,  nearly  the  same  which  had  been  negatived  three 
or  four  times  before.  It  was  alleged  they  were  out  of  order ; 
but  he  was  indulged,  and  lost  them  both.  Now  Few  must  be 
a  great  man,  and  he  must  bring  forward  his  motion,  too.  It 
was  equally  out  of  order ;  but  he  was  indulged  in  the  loss  of 


218  WESTERN  LANDS.  [1790 

it.  It  appears  that  all  over  Europe,  where  the  civil  law  pre 
vails,  aliens  hold  property.  It  is  the  common  law  of  England 
that  deprives  them  of  holding  real  estate.  The  common  law 
has  been  received  by  us,  and  with  it  this  consequence.  How 
ever,  since  we  can  not  get  the  rights  of  property  fully  ac 
knowledged,  it  is  best  that  the  Naturalization  bill  say  nothing 
about  it. 

Mr.  Morris  got  warmly  at  me  this  day  about  the  affair  of 
land.  Repeated  he  thought  even  more  than  a  dollar  per  acre 
could  be  got,  and  requested  me  to  write  him  an  account  of  the 
kind  of  land,  distance  to  market,  etc.  I  wrote  him  as  follows  : 

NEW  YORK,  March  20,  1790. 

SIR  :  The  lands  concerning  which  you  have  made  inquiry 
are  situated  in  the  county  of  Northumberland,  on  the  head  of 
the  Lycoming,  Pine  Creek,  and  Tioga  branches  of  the  river 
Susquehanna.  Their  distance  from  Philadelphia,  as  the  roads 
now  go,  is  from  one  hundred  and  eighty  to  two  hundred  miles, 
but  it  may  be  shortened  by  opening  a  more  direct  communica 
tion.  The  county  of  Northumberland,  in  which  the  first  set 
tlements  were  made  about  the  year  1770,  was  totally  desolated 
by  the  incursions  of  the  Indians  during  the  Revolution,  a  mis 
fortune  it  can  never  experience  a  second  time,  as  the  late  set 
tlements  of  the  State  of  New  York  [being  extended  north  of 
it]  and  Luzerne  County  form  a  complete  barrier,  and  the  sav 
ages  have  greatly  diminished — must  soon  be  totally  excluded 
rjy  the  increasing  settlements  from  the  Atlantic  side  of  the 
great  lakes  Ontario  and  Erie.  Northumberland  County  now 
contains  between  two  and  three  thousand  families.  Provisions 
of  all  kinds  can  be  had  in  abundance.  The  average  price  of 
wheat,  rye,  Indian  corn,  barley,  buckwheat,  and  speltz,  when 
compounded,  has  seldom  been  equaled,  to  a  half  a  Spanish 
dollar  per  bushel.  The  present  year  it  is  higher,  not  owing  to 
any  failure  of  crops,  but  the  uncommon  demand  for  exporta 
tion.  The  country  in  which  these  lands  are  situated  is  mount 
ainous,  but  the  high  ridges  are  never  included  in  the  surveys. 
It  is  covered  with  an  immense  forest  of  timber — maple-sugar 
tree,  birch,  beech,  oak  of  all  kinds,  pine,  mostly  of  the  white 
and  spruce  kinds,  white  walnut,  wild  cherry,  hickory,  ash,  etc. 


MARCH  19]  WESTERN  LANDS.  219 

These  forests,  some  time  ago,  seemed  to  set  husbandry  at  de 
fiance  ;  but  we  now  know  that,  independent  of  the  advantages 
of  clearing  the  ground,  they  can  be  converted  to  useful  pur 
poses  in  the  manufacture  of  potash.  The  different  streams  of 
the  Susquehanna  offer  the  means  of  conveying  any  produce 
whatever  to  market.  This  country  has  been  observed  to  be 
particularly  favorable  to  grass,  and  perhaps  the  raising  of  cat 
tle  may  be  the  most  profitable  object  of  husbandry,  as  stock 
carries  itself  to  market.  These  parts  enjoy  in  an  eminent  de 
gree  the  advantage  and  security  of  double  crops. 

The  snows,  which  fall  regularly  at  their  proper  season  in 
winter,  insure  a  plentiful  harvest  of  the  fall  grain,  wheat  and 
rye,  with  tolerable  husbandry  seldom  yielding  less  than  twenty 
bushels  per  acre.  The  length  of  the  summer  is  well  adapted 
to  Indian  corn,  flax,  oats,  spring  barley,  summer  wdieat,  tobac 
co,  and  vegetables  of  all  kinds.  Buckwheat  is  often  sowed 
with  success  in  the  same  summer  on  the  ground  from  whence 
wheat,  rye,  or  winter  barley  had  been  reaped.  Perhaps,  so  far 
as  respects  seasons,  the  interests  of  husbandry  are  nowhere  bet 
ter  secured  than  in  Pennsylvania.  The  abundant  exports  of 
flour,  grain,  etc.,  from  the  port  of  Philadelphia  afford  full 
proof  of  this.  It  is  certain  that  as  you  advance  southward  and 
diminish  the  rigors  of  winter,  you  lessen  the  certainty  of  the 
winter  crop  ;  while  ascending  to  the  north,  the  contracted  and 
chilly  season  seldom  brings  to  maturity  the  summer  produce, 
wdiicli  is  often  blasted  or  perished  by  early  frosts. 

Yet  such  is  the  rage  of  migrations  that  lands  with  all  the 
advantages  of  soil  and  climate  in  the  bosom  of  society  are  neg 
lected  for  fancied  elysiums  in  Yazoo  or  Kentucky.  I  can  not 
state  with  precision  the  quantity  of  these  lands,  having  no  act 
ual  surveys  before  me,  but  I  know  that  they  are  no  less  than 
fifty  thousand  acres.  If  I  can  render  you  any  further  infor 
mation,  I  shall  be  happy  in  doing  so. 

I  am,  sir,  your  most,  etc.,  W.  M, 

Tlonorable  R.  MORRIS,  Esq. 

Writing  the  foregoing  letter  was  all  I  did  this  forenoon. 
The  Speaker  took  me  in  his  carriage  and  we  rode  in  the  after 
noon. 


220  THE  DOCTRINE  OF  INSTRUCTIONS.  [1790 

March  21st,  Sunday. — Wrote  letters  to  my  family  this 
forenoon.  Dated  a  piece  of  intelligence  from  Hamiltonople, 
etc.  After  dinner  walked  alone,  up  and  down,  back  and  for 
ward  on  the  island.  The  Speaker  told  me  the  report  was  not 
to  be  taken  up  until  Fitzsimons  came  back,  which  was  to  be  on 
Thursday.  He  knows  all  the  motions  of  the  janizaries  and 
gladiators. 

March  23d.  —  Visited  Mr.  Wilson's  lodgings  with  the 
Speaker.  I  then  went  with  Mr.  Wynkoop  to  visit  Mr.  Carrol, 
of  Carrolton.  "We  got  on  the  subject  of  the  State  of  Carolina 
having  instructed  their  representation.  Could  any  hints  have 
gone  from  here,  said  he,  to  set  them  on  this  measure  I  He  is 
a  Roman  Catholic,  and  the  intimate  friend  of  Mr.  Fitzsimons. 

This  question  raised  the  following  train  of  ideas  in  my 
mind :  Fitzsimons  is  gone  to  prevent  a  similar  measure  in 
Pennsylvania,  and  I  am  suspected  of  having  given  hints  to  set 
such  a  measure  going.  Perhaps  something  of  this  kind  may 
be  alleged  against  me  with  justice.  The  doctrine  of  instruc 
tion  may  certainly  be  carried  so  far  as  to  be  in  effect  the  tribu- 
nitial  veto  of  the  Romans,  and  reduce  us  to  the  state  of  a 
Polish  Diet.  But  it  is  introduced.  Perhaps  the  best  way  is 
for  all  the  States  to  use  it,  and  the  general  evil,  if  it  really 
should  be  one,  will  call  for  a  remedy.  But  here  is  a  subject 
worthy  of  inquiry  :  Is  it  to  be  expected  that  a  Federal  law 
passed  directly  against  the  sense  of  a  whole  State  will  ever  be 
executed  in  that  State  ?  If  the  answer  is  in  the  negative,  it  is 

O 

clearly  better  to  give  the  State  an  early  legislative  negative 
than  finally  let  her  use  a  practical  one  which  would  go  to  the 
dissolution  of  the  Union. 

A  memorial  of  one  Tracy  was  read,  praying  a  bankrupt 
law  to  be  passed  under  the  authority  of  the  United  States.  A 
motion  for  the  appointment  of  a  committee  to  bring  in  a  bill 
for  such  a  purpose.  There  was  a  great  deal  of  speaking  on 
this  subject,  and,  really,  I  thought  the  subject  had  not  justice 
done  to  it.  I  got  up  and  was  listened  to  with  attention  while 
I  explained  the  difference  between  the  common  law  for  the 
discharge  of  insolvent  debtors  and  the  laws  respecting  com 
mission  of  bankruptcy,  and  confined  the  latter  to  its  proper 
field,  the  trading  part  of  the  community ;  and  this  part  only 


MARCH  22]  THE  APPROPKIATION  BILL.  221 

belonged  to  Congress  to  take  up,  and  I  doubted  whether  they 
had  done  most  harm  or  good,  etc.  I  was  led  into  a  detail  of 
the  laws  of  England  on  this  head.  Much  was  said  on  all 
hands,  but  we  negatived  the  motion. 

The  appropriation  bill  was  now  reported,  with  a  very  tri 
lling  amendment  indeed  ;  to  divide  a  sum  of  about  a  hundred 
and  ninety  dollars  between  our  doorkeeper  and  the  doorkeeper 
of  the  Representatives.  The  momentum  of  a  spittle  would  have 
been  as  effectual  to  stop  the  flowing  of  the  sea  as  any  effort  to 
check  this  bill.  The  appropriations  were  all  in  gross,  and  to 
the  amount  of  upward  of  half  a  million.  I  could  not  get  a 
copy  of  it.  I  wished  to  have  seen  the  particulars  specified, 
but  such  a  hurry  I  never,  saw  before.  I  did  not  see  the  bill  in 
the  hands  of  any  of  the  members,  but  they  might  have  had  it 
for  aught  I  know.  I  really  fear  the  committee  gave  them 
selves  little  trouble  about  it.  The  moment  it  was  through, 
General  Schuyler  and  Mr.  Morris  called  for  it  on  the  third 
and  last  reading,  for  they  said  the  Secretary  wanted  to  make 
remittances  to  Europe.  They  got  what  they  wanted,  and  thus 
we  had  done  with  it. 

This  mode  of  doing  business  can  not  last  long.  All  evils, 
it  is  said,  cure  themselves.  Here  is  a  general  appropriation  of 
above  half  a  million  dollars — the  particulars  not  mentioned — 
the  estimate  on  which  it  is  founded  may  be  mislaid  or  changed  ; 
in  fact,  it  is  giving  the  Secretary  the  money  for  him  to  ac 
count  for  as  he  pleases.  This  certainly  is  all  wrong.  The 
estimate  should  have  formed  part  of  the  bill,  or  should  have 
been  recited  in  it. 

Am  I  too  sharp-sighted,  or  have  I  observed  some  shyness 
in  some  people  ?  I  believe  it  is  the  former.  Mr.  Morris  this 
day  asked  if  I  had  prepared  anything  on  the  subject  we  had 
been  conversing  about  [buying  lands].  I  put  the  letter  into 
his  hands.  He  read  it  with  apparent  satisfaction  ;  put  it  into 
his  pocket.  He  asked  me  if  some  kind  of  houses  could  not  be 
raised  and  covered  with  bark  at  a  small  expense  on  these  lands. 
I  told  him  they  might,  if  honest  men  were  employed  who 
would  not  make  a  job  of  it. 

The  Senate  adjourned  about  two  o'clock.  I  was  told  there 
was  warmth  in  the  House  of  Representatives  on  the  Quaker 


222  PAY  T0  THE  DOORKEEPERS.  [1790 

memorial,  and  went  in.  The  House  Lave  certainly  greatly 
debased  their  dignity,  using  base,  invective,  indecorous  lan 
guage  ;  three  or  four  up  at  a  time,  manifesting  signs  of  pas 
sion,  the  most  disorderly  wanderings  in  their  speeches,  telling 
stories,  private  anecdotes,  etc.  I  know  not  what  may  come  of 
it,  but  there  seems  to  be  a  general  discontent  among  the  mem 
bers,  and  many  of  them  do  not  hesitate  to  declare  that  the 
Union  must  fall  to  pieces  at  the  rate  we  go  on.  Indeed,  many 
seem  to  wish  it. 

March  23d. — Went  with  a  party  to  wait  on  Mr.  Jefferson. 
He  was  out.  We  left  our  names.  Sat  a  long  time  in  the 
Senate  chamber  without  doing  anything  whatever.  At  last  up 
came  the  appropriation  bill.  The  original  bill  gave  Gifford 
Dally,  the  doorkeeper  of  the  Representatives,  one  hundred 
and  ninety-two  dollars  for  services  during  the  vacancy.  We 
divided  the  sum,  and  gave  ninety-six  dollars  to  Dally  and 
ninety-six  dollars  to  Mathers,  our  doorkeeper.  This  they  [the 
Representatives]  would  not  agree  to  ;  continued  the  one  hun 
dred  and  ninety-two  dollars  to  Dally,  and  put  in  ninety-six 
dollars  for  Mathers.  Pretty  amusement  for  the  governors  of 
a  great  empire  to  play  at  cross-purposes-!  King,  Elsworth, 
and  Morris  were  all  up,  and  "  Adhere  ! "  "  Adhere ! "  was 
heard  from  every  quarter  of  the  House.  Our  Yice-President 
put  some  questions,  but  whether  it  was  for  "  non-concur 
rence,"  "  insisting,"  or  "  adhering,"  I  do  not  remember.  It 
was,  however,  carried  ;  no  one  thinking  it  worth  while  to 
say  no. 

Mr.  Morris  chatted  with  great  freedom  with  me  to-day  on 
his  private  affairs.  Explained  some  of  the  difficulties  he  had 
met  with  in  the  settlement  of  his  accounts.  Says  the  balance 
will  be  in  his  favor.  Declares  he  will  soon  have  done  and  put 
to  silence  his  adversaries.  Justice  says  plainly  this  ought  to 
be  the  case,  if  he  has  been  injured.  He  is  very  full  of  the 
affair  between  him  and  me.  His  countenance  speaks  the 
appearance  of  sincerity  and  candor.  Interest,  however,  the 
grand  anchor  to  secure  any  man,  lies  at  the  bottom. 

March  ^Jfth. — This  day  little  of  consequence  done  in  the 
Senate.  The  appropriation  bill  was  sent  up.  The  Repre 
sentatives  withdrew  their  amendments,  after  having  showed  a 


MARCH  25]  AT  CLYMER'S  LODGINGS.  223 

spirit  of  petulance  to  no  purpose.  I  was  called  out  of  the 
Senate.  AVhen  I  came  in,  the  report  of  the  committee  on  the 
difference  of  boundary  between  the  United  States  and  jSTova 
Scotia  was  under  consideration.  I  said  a  few  words,  which 
appeared  to  be  well  received,  on  the  subject.  Izard  and  Butler 
both  manifested  a  most  insulting  spirit  this  day,  when  there 
was  not  the  least  occasion  for  it  nor  the  smallest  affront 
offered.  These  men  have  a  most  settled  antipathy  to  Penn 
sylvania,  owing  to  the  doctrines  patronized  in  that  State  on  the 
subject  of  slavery.  Pride  makes  fools  of  them,  or  rather  com 
pletes  what  Xature  began. 

This  day  the  Speaker  entertained.  The  company  was  not 
numerous ;  the  discourse  not  entertaining,  or  at  least  nothing 
remarkable. 

March  2oth.- — The  Speaker  told  me  last  night  that  Mr. 
Clymer  wished  to  see  us  this  morning  at  his.  lodgings.  As  I 
always  embrace  the  smallest  hint  to  meet  the  delegation,  I  was 
early  ready,  but  the  "  Friends,"  who  had  been  in  town  on 
the  abolition  business,  called  in  two  parties  to  take  leave  of  us. 
I,  however,  hastened  to  Mr.  Clymer' s  lodgings.  Found  Scott, 
Ileister,  and  Wynkoop  at  the  door.  I  asked  what  had  hap 
pened.  Scott,  with  a  great  laugh,  said  Clymer  had  read  them 
a  letter  to  the  Speaker,  and  was  dreadfully  afraid  all  the  people 
would  liv  to  the  Western  world.  I  replied,  "  Scott,  I  told  you 
some  time  ago  that  all  this  would  happen  if  you  taxed  the 
Atlantic  States  too  high,  and  you  gave  me  a  great  Mononga- 
hela  laugh  in  answer."  "  Aye,"  says  he,  "  and  I  will  give  you 
many  more."  I  went  up-stairs,  and  had  a  letter  of  Clymer's 
composing  put  into  my  hands;  the  amount  of  it  was  that 
every  man  was  worth  two  hundred  pounds  sterling;  that  every 
man  that  went  to  the  Western  country  was  lost  to  the  United 
States,  and  therefore  every  tract  of  land  we  sold  to  a  settler 
would  be  attended  with  the  loss  of  a  man  or  his  equivalent, 
two  hundred  pounds  sterling,  deducting  the  trifle  the  United 
States  would  get  for  the  land. 

All  this  fine  reason  falls  dead  to  the  ground  should  it 
appear  that  the  man  is  not  lost  to  the  United  States.  It  is, 
however,  a  fact  that  by  an  impolitic  oppression  of  taxes  we 
mav  detach  the  whole  country  from  us  and  connect  them  with 


224  TO   DETACH  THE   WESTERN  COUNTRY.  [1790 

New  Orleans ;  and  in  that  case  we  will  get  nothing  for  the 
lands.  Cljmer  came  in,  and  said  on  the  principle  of  that 
letter  he  would  vote  against  paying  any  of  the  public  debt 
with  back  lands.  "What  a  deal  of  pains  he  has  been  at  to  fish 
lip  some  kind  of  reason  to  accommodate  his  vote  to  the  wish 
of  tl&Gjyublic  creditors,  alias  speculators !  They  are  a  powerful 
body  in  Philadelphia,  and  therefore  are  not  to  be  neglected. 
I  asked  what  our  friends  in  Philadelphia  thought,  particularly 
on  the  assumption  of  the  State  debt.  lie  said  they  were 
divided,  but  there  were  more  against  it  thanj^w  it.  He  now 
said  some  fine  things  on  the  improvement  of  the  State,  etc.  I 
walked  with  him  and  Colonel  Hartley.  All  the  way  to  the 
Hall  did  his  tongue  run  on  the  subject  of  going  to  the  Poto 
mac.  I  bore  my  testimony  in  the  plainest  language  against  all 
this  ;  regretted  our  not  having  tried  an  adjournment  to  Phila 
delphia  a  year  ago  ;  said,  if  we  would  go  to  Philadelphia  with 
the  promise  of  the  permanent  residence  on  the  Potomac,  AVC 
could  without  it.  He  was  peevish  and  fretful. 

No  business  of  consequence  done  in  the  Senate.  Two  bills 
came  up  to  be  signed.  Our  Yice-President  used  these  words 
from  the  chair  before  he  signed  them  :  "  Is  there  any  objec 
tion,  gentlemen,  to  the  signing  of  these  bills  ? "  He  seems  a 
tone  lower  than  he  used  to  be.  The  amendment  on  the  miti 
gation  bill  was  non-concurred  in,  and  managers  for  a  confer 
ence  appointed. 

March  26th. — The  bill  for  augmenting  the  military  to  six 
teen  hundred  men  came  up.  Head,  and  Monday  appointed 
for  a  second  reading.  A  petition  read  from  Captain  Barry 
and  others  for  communication.  Nothing  else  done  in  the 
Senate.  Spent  some  time  on  the  bill  for  the  encouragement 
of  inventions,  etc.  The  Speaker  had  company  this  day — all 
Pennsylvanians.  Mr.  Morris  took  pains  to  make  himself 
agreeable.  The  Speaker  told  him  they  had  determined  to  risk 
the  revenue  business,  as  they  now  found  Williamson  and  A  she 
would  be  for  the  assumption,  as  they  had  changed  their  minds. 
How  true  is  the  observation  made  by  Henry,  of  Maryland : 
"  All  great  governments  resolve  themselves  into  cabals " ! 
Ours  is  a  mere  system  of  jockeying  opinions.  Yote  this  way 
for  me,  and  I  will  vote  that  way  for  you. 


MARCH  29]       COLDNESS   OF   THE   PHILADELPHIA'S.  225 

March  27th. — Being  Saturday,  read  in  my  room.  After 
dinner  walked  and  caught  cold.  In  the  evening  received  a  few 
lines  from  Dr.  Rush,  in  which  he  tells  me  I  am  complained  of 
for  my  correspondence  with  the  Comptroller-General.  This, 
I  well  know,  comes  from  Fitzsimons.  He  would  wish  that  no 
man  but  himself  should  know  anything  of  the  finances  of 
Pennsylvania.  I  have  made  advances  to  the  Philadelphians 
repeatedly,  but  they  shake  us  oft',  and,  when  meetings  had  been 
settled  for  the  communication  of  knowledge,  they  have  broken 
them  up.  But  I  am  found  to  possess  knowledge  of  the  finances 
of  Pennsylvania.  The  presumption  is  that  I  correspond  with 
Nicholson.  [IJ  am  become  independent  of  them,  and  there 
fore  criminal.  I  had  written  to  the  Doctor,  but  inclosed  a  note 
to  him  on  this  subject,  for  which  see  my  letter-book. 

Mr.  Morris  has  made  no  agreement  with  me  about  lands. 
He  said  he  would  draw  up  something  on  this  subject  in  writ 
ing.  Nothing  of  this  has  happened,  and  perhaps  never  will. 
I  thought  such  a  thing  might  happen,  and  was  careful  in  my 
letter.  But  I  will  make  no  rash  conclusions.  Time  will  settle 
all  matters,  and  we,  with  all  our  little  bristlings,  will  soon  be 
as  quiet  as  the  trodden  sod. 

March  28th. — Being  Sunday,  was  a  day  devoted  to  the 
thoughts  of  my  family.  Wrote  letters,  as  usual.  I  have  been 
upward  of  three  months  from  them.  This  is  really  disagree 
able.  The  time  may  come  when  I  would  give  anything  in  my 
power  to  be  one  day  with  them,  and  now  I  am  absent  with  my 
own  consent.  I  wish  I  was  honorably  off  with  this  same  busi 
ness  of  the  Senate.  If  Congress  continues  to  sit  in  New  York, 
I  can  not  pretend  to  continue  a  member  of  it.  Circumstances 
may  direct  me  to  what  is  best.  God  has,  however,  given  to 
every  man  his  talent  for  the  express  purpose  of  making  use  of 
it ;  or,  in  other  words,  that  he  may  conduct  himself  on  the 
principles  of  right  reason.  May  he  enable  me  to  keep  my 
lamp  trimmed  always !  Stayed  at  home  all  day. 

March  29th. — Committee  on  the  bill  for  the  progress  of 
writs,  etc.,  reported.  Three  other  bills  came  up  to  us :  one 
for  treaty  with  Indians  ;  for  extending  the  effect  of  the  State 
inspection  laws ;  and  the  North  Carolina  session.  The  last 
amended  by  striking  out  the  word  "  Honorable  "  from  before 
15 


226  THE  ASSUMPTION   BILL  IN  THE   HOUSE.  [1790 

the  names  of  the  Senators.  Bntler  bounced,  and  Izard  made 
frightful  faces  at  it.  They  were  opposed  by  King,  Elsworth, 
and  Patterson.  I  was  pleased  to  see  the  Yorkers  and  the 
Southern  people  at  it.  The  business  was  got  rid  of  by  a  new 
clause  altogether  in  the  beginning  of  the  bill,  from  which  a 
clear  inference  in  practice  follows,  viz.  :  That  the  whole  of  a 
bill  is  in  the  power  of  the  Senate,  notwithstanding  their  for 
mer  agreement,  and  the  concurrence  of  the  other  House  to  any 
part  or  parts  of  it ;  and  their  deliberations  are  not  confined  to 
the  parts  only  respecting  which  the  disagreement  subsists.  I 
have  spoken  to  Otis  to  copy  all  the  papers  that  I  may  plead 
this  precedent,  if  necessary ;  for  this  doctrine  was  pointedly 
denied  in  the  disputes  respecting  the  permanent  bill,  viz.,  my 
papers  for  the  copies  made  out  by  Otis. 

This  day  the  House  of  Representatives  took  up  the  report 
of  the  Committee  of  the  Whole  House  on  the  Secretary's  re 
port  ;  and,  after  adopting  the  first  three  clauses,  recommitted 
the  one  on  the  assumption  of  the  State  debts — twenty-nine  to 
twenty-seven  ;  so  that  I  hope  this  will  be  rejected  at  last.  The 
Speaker  has  declared  that  he  will  vote  against  it  if  there 
should  be  a  tie  in  the  House.  This  was  my  opinion,  which  he 
early  adopted  and  which  he  has  so  often  subscribed  to,  that  it 
will  be  impossible  for  him  to  recede  from  it  upon  this  prin 
ciple — that  a  matter  of  moment,  not  absolutely  necessary,  had 
better  be  omitted  than  carried  by  so  small  a  majority  vote  as 
one  vote.  This  opinion  has  met  writh  much  approbation  from 
many  members  of  the  Senate,  and  I  have  taken  care  to  let  the 
Speaker  know  it. 

March  30th. — The  bill  for  additional  pay  to  the  clerks  of 
the  accounts  between  the  United  States  and  individual  States 
was  called  up  and  lost.  Third  reading  of  the  bill  for  the 
progress  of  useful  arts  produced  a  debate  by  the  Kew  England 
members  in  favor  of  a  man  from  their  country,  but  by  being 
joined  by  the  Southern  men  we  defeated  them.  Read  the  law 
for  giving  effect  to  the  inspection  laws  of  the  States.  Mes 
sage  from  the  Representatives  with  Cession  bill  agreed  to. 
Message  from  the  President  with  nominations  to  vacant  offices. 
The  bill  for  the  military  establishment  took  up  the  rest  of  the 
day  in  desultory  debate,  and  was  finally  committed  to  seven 


MARCH  31]  A  STANDING  ARMY. 

members.  This  bill  seems  laying  the  foundation  of  a  standing 
army.  The  justifiable  reasons  for  using  force  seem  to  be  the 
enforcing  of  laws,  quelling  insurrections,  and  repelling  inva 
sions.  The  Constitution  directs  all  these  to  be  done  by  militia. 
Should  the  United  States,  unfortunately,  be  involved  in  war,  an 
army  for  the  annoyance  of  an  enemy  in  their  own  country  (as 
the  most  effective  mode  of  keeping  the  calamity  at  a  distance 
and  enforcing  an  adversary  to  terms)  will  be  necessary.  This 
seems  the  meaning  of  the  Constitution,  and  that  no  troops 
should  be  kept  up  in  peace.  This  bill  certainly  aims  at  differ 
ent  objects.  The  first  error  seems  to  have  been  the  appointing 
of  a  Secretary  of  War  when  we  were  at  peace,  and  now  we 
must  find  troops  lest  his  office  should  run  out  of  employment. 

Dressed  and  attended  the  levee.  I  generally  used  to  leave 
this  part  of  duty  to  Mr.  Morris  ;  but  now  he  is  gone,  and,  lest 
there  should  be  any  complaints,  I  will  discharge  this  piece  of 
etiquette.  The  day  was  fine  and  the  levee  large. 

March  31st. — A  call  of  the  gladiators  this  morning.  There 
fore  expect  it  will  be  a  day  of  some  importance  in  the  House 
of  Representatives.  In  the  Senate  the  bill  for  enforcing  the 
inspection  law  of  the  State  had  a  third  reading.  The  appoint 
ment  of  Rufus  Putnam,  a  Judge  of  the  Western  Territory ; 
James  Brown,  Attorney  for  Kentucky ;  and  Henry  Bogart, 
Surveyor  for  Albany,  were  consented  to.  Senate  adjourned. 

Went  early  to  hear  the  event  of  this  day's  debates  in  the 
House  of  Representatives.  Nothing  remarkable,  save  a  vio 
lent  personal  attack  on  Hamilton  by  Judge  Burke,  of  South 
Carolina,  which  the  men  of  the  blade  say  must  produce  a  duel. 
The  question  was  not  taken,  on  the  assumption.  Mr.  Wyn- 
koop  spoke  to  me  in  the  chamber  of  Representatives,  to  have 
a  meeting  of  the  delegation.  I  supported  this  idea,  and  we 
agreed  to  meet  at  the  Speaker's.  But  I  first  went  and  drank 
tea  with  Mr.  Wynkoop  and  Mrs.  Wynkoop.  There  was  a 
great  deal  of  desultory  discourse  at  the  meeting.  Mr.  Clymer 
took  on  him  to  assert  that  the  State  of  Pennsylvania  was  in 
debt  to  the  Union,  and  disbelieved  all  Mr.  Nicholson's  state 
ments,  and  declared  unequivocally  for  burning  all  old  accounts. 
I  mentioned  Nicholson's  statements  as  being  made  from  au 
thority,  and  that  they  neither  ought  nor  could  be  invalidated 


THE   OLD   ACCOUNTS.  [1790 

on  supposition  ;  that  the  old  Confederation  had  proceeded 
every  step  on  the  grounds  of  a  Unal  settlement ;  that  to  anni 
hilate  the  old  accounts  was  contrary  to  the  new  Constitution, 
which  had  sanctified  every  act  of  the  old  Congress  ;  nor  could 
I  see  how  any  State  could  call  on  the  Union  to  assume  any 
debt  of  theirs  until  she  showed  by  a  settlement  that  she  had  ex 
ceeded  her  requisitions.  Both  Clymer  and  Wynkoop  are  seek 
ing  for  some  plausible  excuse  to  change  their  ground.  I  have 
endeavored  to  humor  them,  but  their  pride  and  obstinacy  are 
hard  to  subdue. 

April  1st. — This  day  in  Senate  two  bills  were  signed,  the 
Carolina  Cession  act  and  the  bill  for  giving  effect  to  the  State 
inspection  laws.  A  committee  was  also  appointed  to  settle  the 
pay  of  the  Senators  up  to  this  time. 

The  Senate  adjourned,  and  I  went  into  the  chamber  of 
Representatives  to  hear  the  debates.  It  was  a  dull  scene. 
Gerry  took  up  the  time  of  the  committee  to  the  hour  of  ad 
journment,  He  is  a  tedious  and  most  disagreeable  speaker. 
The  committee  rose  and  no  question  was  taken.  Soon  after  I 
came  in  I  took  an  opportunity  of  speaking  to  Mr.  Wynkoop. 
I  was  pointing  out  some  inconveniences  of  the  assumption.  I 
found  he  seemed  much  embarrassed.  Lawrence  and  Benson 
had  got  him  away  from  his  usual  seat  to  near  where  they  com 
monly  sat.  He  paused  a  little ;  got  up  rather  hastily ;  said, 
"  God  bless  you  !  "  went  out  of  the  chamber,  and  actually  took 
his  wife  and  proceeded  home  to  Pennsylvania.  The  way  in 
which  this  good  man  can  best  serve  his  country  is  in  superin 
tending  his  farm.  Perhaps  there  is  no  method  more  accept 
able  to  Mature ;  lie  certainly  is  wanting  in  political  fortitude. 
Benson,  Lawrence,  the  Secretary,  and  others  have  paid  atten 
tion  to  him,  and  he  has  not  firmness  of  mind  to  refuse  them 
his  vote.  But  he  has  done  what  equally  offends  them  and 
subjects  himself  to  ridicule :  he  has  abandoned  the  whole 
business  and  deserted  the  cause  of  his  country  at  a  time  when 
an  honest  vote  is  inestimable.  To-morrow  being  Good  Friday, 
we  adjourned  over  to  Saturday. 

April  %d. — The  House  of  Representatives  met,  but  ad 
journed  on  account  of  the  holiday.  I  conversed  this  day  at 
the  Hall  with  George  Gray.  He  declares  the  people  of  Penn- 


APRILS]    PENNSYLVANIA  OPPOSED  TO   ASSUMPTION.  229 

sylvania  are  universally  opposed  to  assumption,  now  the  mat 
ter  is  understood.  This  is  the  effect  of  the  publications  which 
I  have  labored  hard  indeed  to  get  into  the  prints.  The  Speaker 
is  now  firm  against  the  assumption,  and  so  is  Scott.  Clymer 
is  so,  too,  I  believe,  but  I  am  not  quite  certain  whether  his 
wish  of  popularity  has  as  yet  been  able  to  subdue  his  pride 
and  obstinacy.  Hartley  is  too  giddy  and  unsettled  for  any  one 
to  determine  how  he  will  vote,  and,  as  his  judgment  has  no 
share  in  it,  the  presumption  is  that  he  will  vote  with  Smith,  of 
Carolina,  and  those  whose  company  he  always  keeps.  I  have 
put  my  political  life  in  my  hand  in  starting  this  opposition  in 
the  teeth  of  the  Philadelphians.  If  I  fail,  my  seat  in  Congress 
and  disgrace  in  the  public  eye  will  follow.  But  I  am  con 
scious  of  rectitude  of  intention,  and  hie  murus  aheneus  esto, 
nil  conscire  silji.  nulla  pallescere  culpa" 

I  was  this  day  to  have  dined  with  the  Secretary  [Hamil 
ton],  but  a  violent  storm  of  wind  and  rain  came  on,  and  I  could 
not  get  a  hackney.  The  Speaker  offered  me  his  carriage,  but 
then  his  servants  were  all  gone  to  church. 

April  3d. — Called  in  the  morning  at  Mr.  Hamilton's  office 
to  make  an  apology  for  not  dining  with  him.  Could  not  see 
him.  He  was  closeted  with  the  Secretary  of  War.  Was  de 
sired  to  stay  until  he  was  disengaged.  The  importance  of  my 
business  would  not  justify  this.  Gave  my  name  and  compli 
ments  to  Colonel  Hamilton,  and  information  that  the  badness 
of  the  weather  prevented  rny  dining  with  him  yesterday,  as  I 
happened  to  be  so  unfortunate  as  not  to  be  able  to  procure  a 
carriage  ;  and  now,  this  momentous  affair  being  settled,  went  to 
the  Hall.  The  minutes  were  read.  A  message  was  received 
from  the  President  of  the  United  States.  A  report  was  handed 
to  the  Chair.  We  looked  and  laughed  at  each  other  for  half 
an  hour,  and  adjourned.  The  report  was  the  pay  due  to  each 
member.  Dr.  Elmer  and  Mr.  Bassett  whispered  me,  after  the 
report  was  handed  in,  that  King  and  Schuyler  were  allowed 
full  pay,  notwithstanding  they  had  not  been  much  with  us,  and 
that  Dr.  Johnson  was  allowed  full  pay  and  mileage  to  Con 
necticut,  though  he  lives  here,  while  the  time  Dr.  Elmer  was 
absent  was  deducted.  Honesty  thrives  but  badly  east  of  the 
Hudson. 


230      ASSUMPTION   BEFORE  THE  REPRESENTATIVES.       [1790 

I  went  into  the  Representative  chamber,  expecting  the  as 
sumption  would  be  taken  up.  A  listless  apathy  seemed  to  per 
vade  the  whole.  Two  motions  wTere  negatived  touching  some 
appointment  of  a  foreign  nature  that  did  not  seem  to  have 
been  well  digested.  Somebody  said  adjourn,  and  they  ad 
journed  accordingly.  This  really  seems  like  the  mockery  of 
.business.  The  New  England  men  despair  of  being  able  to 
saddle  us  with  their  debts,  and  now  they  care  not  whether  they 
do  any  business  or  not.  Mr.  George  Gray,  of  the  Lower 
Ferry,  Mr.  Luper,  his  son-in-law,  Colonel  Oswald,  and  another 
gentleman,  dined  with  us.  We  had  much  free  conversation 
after  dinner.  Mr.  Luper  had  waited  on  Mr.  Fitzsimons  before 
he  came  away.  Fitzsimons  advised  him  not  to  come,  and  told 
him  a  year  hence  would  be  time  enough  ;  that  nothing  would 
be  done  in  the  business  until  he  returned  to  New  York.  They 
sat  till  late.  I  was  happy  to  have  a  company  of  Pennsylva- 
nians. 

April  4th. — I  wrote  my  letters  early.  The  day  was  invit 
ing  and  I  could  not  avoid  the  temptation  of  walking  out.  I 
went  to  Scott's  lodgings  and  he  walked  with  me.  The  town 
is  much  agitated  about  a  duel  between  Burke  and  Hamilton. 
So  many  people  concerned  in  the  business  may  really  make 
the  fools  fight. 

When  I  was  called  down  to  dinner,  the  Speaker  and  Gen 
eral  Muhlenberg  were  closeted  with  Clymer  and  Jackson.  All 
was  profound  mystery.  "We  had  half  finished  our  dinner  be 
fore  they  joined  us.  I  saw  they  were  filled  with  thoughts  of 
importance,  but  I  scorned  to  be  inquisitive.  I  retired  to  my 
chamber.  The  Speaker  soon  came  to  me  and  unfolded  the 
mystery.  Clymer  had  a  proposal  to  barter  aAvay  the  Pennsyl 
vania  votes  for  an  assumption  for  the  Carolina  and  Massachu 
setts  votes  for  an  adjournment  to  Philadelphia.  lie  and  Fitz 
simons  are  now  squirming  like  eels  in  a  basket  to  regain  the 
popularity  which  they  have  or  are  likely  to  lose  on  this  busi 
ness  by  bringing  forward  a  plausible  pretext  to  justify  their 
late  vote.  The  Speaker,  however,  openly  avowed  to  me  the 
reason  of  the  vote  for  assumption,  viz.,  consolidation  and  unit 
ing  in  one  Government.  I  told  him  plainly  Hamilton  had  no 
ability  for  such  work,  and  the  thing  would  miscarry  in  his  or 


APRIL  4]      THE  PENNSYLVANIANS   ON  ASSUMPTION.  231 

any  other  hands.  I  determined  to  go  and  call  on  Clymer 
about  this  business.  I  did  so,  but  he  had  Jackson  (of  the 
President's  family)  with  him.* 

I  sat  till  I  was  tired  and  rose  with  the  first  of  the  company 
to  come  away.  Clymer  asked  me  to  walk  on  the  Battery,  and 
we  roamed  almost  the  whole  length  of  the  town,  up  the  East 
River  and  back  again,  without  his  giving  me  an  opportunity 
of  speaking  to  him.  I  felt  hurt  at  his  distant  treatment.  I 
went  with  him  home.  He  called  Jackson  in.  Jackson  made 
a  florid  harangue  on  the  golden  opportunity  of  bartering  the 
votes  of  Pennsylvania  with  South  Carolina  and  Massachusetts 
to  give  the  assumption,  and  get  the  residence  of  Congress. 
Whatever  I  might  have  done  in  other  company,  I  would  not 
commit  myself  to  Jackson.  I  spoke  my  sentiments  sincerely 
on  the  villainy  of  bartering  votes ;  declared  my  opinion  that 
Pennsylvania  need  make  no  sacrifice  to  obtain  Congress ;  that 
matters  were  working  as  favorably  as  could  be  wished ;  that  I 
entertained  no  doubt  of  adjourning  to  Philadelphia ;  that  as 
suming  the  State  debts  in  the  proposed  manner  was  so  radi 
cally  wrong  that  nothing  could  justify  the  act,  and  that  the 
postponement  of  it  ought  to  take  place  at  any  rate. 

Clymer  said  it  would  not  be  postponed ;  it  would  be  car 
ried.  I  said  the  Pennsylvanians  might  see  each  other  before 
that  time.  He  said  they  could  not.  I  told  him  if  the  Penn 
sylvanians  were  able  to  postpone  it  after  a  contract  was  made 
they  were  able  to  do  it  without  any  contract ;  and  if  they  really 
meant  to  sell  their  votes,  it  was  idle  to  talk  of  giving  them 
without  and  before  a  contract  was  made.  Make  a  present  of 
a  thing,  and  you  need  not  demand  the  price  afterward.  I  con 
cluded  with  saying  I  would  have  time  enough  to  make  up  my 
mind  before  the  business  appeared  before  the  Senate,  but  had 
no  objection  to  deliver  my  sentiments  at  any  time,  and  had 
given  them  now  with  freedom.  The  cold,  distant,  stiff,  and, 
let  me  add,  stinking  manner  of  this  man  is  really  painful  to  be 
submitted  to.  I  never  will  go  into  any  company  with  design 
to  give  offense,  but  I  really  think  out  of  respect  to  myself  I 
ought  to  avoid  his  company ;  at  least  I  need  not  go  into  it 

*  Meaning  a  voter  for  Hamilton. 


232  THE  ASSUMPTION  OF  STATE  DEBTS.  [1790 

without  necessity.  Jackson's  interfering  in  this  business  is 
far  from  proper. 

Hence  appears  plainly  how  much  the  assumption  of  the 
State  debts  was  made  a  point  of  by  the  court  party.  In  fact, 
the  reduction  of  the  State  governments  was  the  object  in 
theory  in  framing  both  the  Constitution  and  Judiciary  and  in 
as  many  laws  of  the  United  States  as  were  capable  of  taking  a 
tincture  of  that  kind.  But  it  won't  do. 

April  5th,  Monday. — The  bill  for  the  progress  of  the  use 
ful  arts  was  concurred  with  after  considerable  debate.  The 
report  of  the  Senators  from  the  joint  committee  on  the  Miti 
gation  bill  was  that  the  disagreement  continued.  A  communi 
cation  was  received  from  the  President  of  the  United  States  of 
three  acts  of  the  Legislature  of  New  York.  The  whole  paper 
was  read.  The  act  of  transmission  from  the  government  of 
New  York  was  pomposity  itself.  They,  however,  often  reit 
erated  the  words  "  free  and  independent,"  which  I  thought 
done  designedly.  I  had  some  discourse  with  Colonel  Hartley, 
and  he  lias  promised  to  withhold  his  vote  for  the  assumption 
for  some  time  at  least. 

I  went  this  afternoon  to  hear  a  negro  preach.  I  can  only 
say  it  would  be  in  favor  of  religion  in  general  if  preachers  mani 
fested  the  same  fervor  and  sincerity  that  were  apparent  in  his 
manner.  He  declared  himself  untutored,  but  he  seemed  to  have 
the  Bible  by  heart.  Tempora  mutantur  et  nos  mutamur  in  illis. 

April  6th. — The  Senate  seemed  likely  to  have  no  business 
before  them  this  day ;  but  all  at  once  up  rose  Few,  and  offered 
a  report  of  the  bill  for  the  military  establishment.  Some  tri 
fling  amendments  were  made  in  the  compensation  to  the  offi 
cers,  but  the  bill  was  materially  the  same.  It  was  agreed  to, 
as  the  sense  of  the  Senate,  that  no  report  should  be  offered 
until  the  bill  for  regulating  the  intercourse  with  the  Indians 
and  the  treaty  bill  should  be  put  into  the  hands  of  the  same 
committee  ;  but  whatever  is,  is  best.  It  is  out  of  the  hands  of 
the  committee  and  postponed.  I  spoke  against  the  whole  bill 
as  an  egg  from  which  a  standing  army  would  be  hatched,  as  it 
is  a  standing  army  in  fact,  for  the  smallness  of  the  number 
does  not  diminish  the  principle.  But  I  foresee  I  will  have 
much  to  say  under  this  head  at  a  future  day. 


APRIL  7]  FRANCE  ABOLISHES  TITLES.  233 

Carrol,  of  Carrolton,  edged  near  me  in  the  Senate  chamber 
and  asked  me  if  I  had  seen  the  King  of  France's  speech  and 
the  acts  of  the  "  Tiers  Btats,"  by  which  the  distinctions  of  the 
nobility  were  broken  down.  I  told  him  I  had,  and  I  consid 
ered  it  by  no  means  dishonorable  to  us  that  our  efforts  against 
titles  and  distinctions  were  now  seconded  by  the  representative 
voice  of  twenty-four  millions.  A  flash  of  joy  lightened  from 
his  countenance.  How  fatal  to  our  fame  as  lovers  of  liberty 
would  it  have  been  had  wre  adopted  the  shackles  of  servility 
which  enlightened  nations  are  now  rejecting  with  detesta 
tion  ! 

April  7th. — A  committee  was  appointed  in  the  Senate  to 
bring  in  a  bill  for  the  territory  of  the  United  States  south  of 
the  Ohio.  I  did  not  oppose  the  appointment  of  a  committee, 
but  told  some  of  them  that  they  must  make  it  stand  alone,  as  I 
wished  to  avoid  all  expense.  I  had  no  notion  of  salaries  to  the 
Governor,  judges,  etc.  I  considered  the  motion  brought  for 
ward  by  way  of  making  some  entry  on  the  journals  as.  much 
MS  anything  else.  A  short  bill,  however,  came  up  and  had  a 
first  reading. 

The  Speaker  had  company  this  day.  I  was  wanting  in 
spirits,  and  did  not  seem  to  enjoy  it.  The  table  was,  however, 
filled  well,  and  there  was  a  good  flow  of  conviviality.  After 
dinner  the  Speaker  told  me  that  Fitzsimons  and  Clymer 
wanted  to  see  the  delegation  at  their  quarters.  I  was  not  well. 
It  was  late,  and  a  tempest  of  wind  and  cold.  But  I  went. 
Fitzsimons  [spoke  as  if  he]  had  been  hired  to  extol  the  politi 
cal  merit  of  Massachusetts  and  South  Carolina  and  deprecate 
that  of  Pennsylvania,  It  was  in  vain  that  I  told  him  every 
thing  in  a  pecuniary  point  of  view  must  remain  in  doubt  until 
the  accounts  were  settled ;  that  the  only  man  who  had  it  in 
his  power  to  give  an  opinion  on  the  subject  (the  Comptroller- 
General)  had  taught  us  to  think  differently.  I  said  that  the 
State,  Xavy,  and  defense  of  the  river  Delaware  had  cost  vast 
sums.  I  could  not  see  that  the  defense  of  the  Delaware,  etc., 
was  any  more  charged  against  Pennsylvania  than  the  expense 
of  the  American  arms  before  Boston  was  a  demand  against 
Massachusetts,  or  the  charges  at  Yorktown  against  Virginia. 
If  Pennsylvania  advanced  the  money,  it  was  in  the  general 


234  THE   PORT   OF   YEOMUS,  VIRGINIA.  [1790 

defense,  as  well  as  her  own,  and  the  charge  lay  well  against 
the  Union. 

The  business  of  the  meeting  was  to  consult  about  an  ad 
journment  to  Philadelphia,  and,  as  the  votes  of  Pennsylvania 
w^ould  determine  for  or  against  assumption,  whether  they  could 
not  be  so  managed  as  to  affect  that  measure,  I  will  only  set 
down  what  I  said  on  the  matter  as  opinion,  that  to  barter  votes 
was  unjustifiable  ;  that  the  risk  of  losing  votes  was  as  great  as 
the  chance  of  gaining  by  making  a  bargain  with  the  other  side, 
for  Philadelphia  had  friends  on  both  sides  ;  that  the  best  mode 
was  to  postpone  the  assumption  and  push  the  adjournment  to 
Philadelphia  while  both  parties  feared  and  both  courted  the 
Pennsylvania  vote. 

April  8th. — A  bill  which  came  up  yesterday  for  suspending 
part  of  the  revenue  law  with  respect  to  the  port  of  Yeomus  in 
Virginia  was  read  a  second  time.  "Now  Elsworth  moved  some 
alteration  of  the  law  with  regard  to  some  ports  in  Connecticut. 
Langdon  wanted  an  alteration  in  New  Hampshire,  and  Dalton 
one  for  Massachusetts.  It  was  committed  to  these  three  mem 
bers.  God  forgive  me  if  I  wrong  them,  but  I  fear  they  want 
to  make  loopholes  in  the  impost  law  to  suit  their  private  pur 
poses,  or  rather  the  purposes  of  State  smuggling. 

I  never  observed  so  drooping  an  aspect,  so  turbid  and  for 
lorn  an  appearance  as  overspread  the  partisans  of  the  Secretary 
[Hamilton]  in  our  House  this  forenoon.  If  I  had  chosen  to 
use  the  language  of  political  scandal,  I  would  call  them  "  Sena 
torial  Gladiators."  Elsworth  and  Izard  in  particular  walked 
almost  all  the  morning  back  and  forward.  Strong  and  Patter 
son  seemed  moved,  but  not  so  much  agitated.  King  looked 
like  a  boy  that  had  been  whipped,  and  General  Schuyler's  hair 
stood  on  end  as  if  the  Indians  had  fired  at  him.  I  accounted 
for  the  appearance  of  King  and  Sclmyler  from  the  publica 
tions  that  have  appeared  against  them  in  the  papers  for  two 
days  past. 

Just  before  dinner  Andrew  Brown,  the  printer,  called.  It 
seems  there  had  been  a  meeting  of  the  citizens  of  Philadelphia 
on  Saturday  last  to  consider  on  the  subject  of  General  Knox's 
report,  and  a  committee  is  appointed  to  draw  up  something. 
Brown  has  refused  to  print  for  them,  and  has  flown  off  to  this 


APRIL  9]  ANDREW  BROWN,   PRINTER.  235 

place  for  the  purpose  of  giving  notice  of  the  event  and  claim 
ing  his  reward ;  and  perhaps  a  third  motive  has  had  weight 
with  him,  for  I  really  never  saw  any  man  have  more  the  ap 
pearance  of  fright  upon  him.  I  know  him  to  have  been  a  spy 
and  tool  for  Hamilton  for  some  time  past.  He  told  us  of  some 
man  having  offered  some  violent  pieces  to  him  for  publication, 
which  he  said  were  written  well ;  but  he  refused  to  print  them, 
and  the  author  took  them  away.  He  said  they  were  addressed 
to  the  yeomanry  of  Pennsylvania.  I  suspect  this  may  be  my 
friend  George  Logan.  He  ought  to  beware  of  A.  Brown  ;  he 
does  not  know  him.  Brown  owned  to  us  that  Hamilton  had 
written  to  Jefferson  in  his  favor  after  publishing  his  recanta 
tion,  and  refused  to  print  anything  against  the  Secretary's 
report. 

April  9th. — The  committee  of  yesterday  reported  the  bill 
with  Elsworth's  amendment  only.  Said  Mr.  Hamilton  was  of 
opinion,  when  the  new  impost  law  was  enacted,  the  other 
amendments  could  be  introduced.  This  is  art  in  him  to  make 
friends  to  his  new  bill,  and  shows  that  he  is  either  still  confi 
dent  of  success  or  affects  it.  There  was  no  objection  and  the 
bill  had  all  its  readings. 

Elsworth  reported  a  bill  for  the  government  south  of  the 
Ohio.  It  was  to  be  the  same  as  the  government  of  the  West 
ern  Territory,  mutatis  mutandis.  I  had  some  previous  dis 
course  with  Elsworth  on  this  subject.  I  can  with  truth  pro 
nounce  him  the  most  uncandid  man  I  ever  knew  possessing 
such  abilities.  I  am  often  led  to  doubt  whether  he  has  a  par 
ticle  of  integrity ;  perhaps  such  a  quality  is  useless  in  Con 
necticut. 

In  Senate  this  day  the  gladiators  seemed  more  than  com 
monly  busy.  As  I  came  out  from  the  Hall,  all  the  President's 
family  were  there — Humphreys,  Jackson,  Nelson,  etc.  They 
had  Yining  with  them,  and,  as  I  took  it,  were  a  standing  com 
mittee  to  catch  the  members  as  they  went  in  or  came  out.  The 
crisis  is  at  hand.  At  dinner  the  Speaker  told  me  there  had 
been  a  call  of  the  Secretary's  party  last  night.  Fitzsimons,  he 
said,  had  been  sent  for,  and  they  had  determined  to  risk  an 
action  to-morrow. 

April  10th. — Busy  to  near  eleven  writing  letters  to  my 


236  THE  NORTH  CAROLINA  CESSION.  [1790 

family.  Dressed  and  attended  to  see  the  event  of  the  day, 
but  it  was  put  off  by  consent.  The  Treasurer  told  me  the  rea 
son  of  it  afterward.  Sherman,  who  is  against  the  assumption, 
is  expected  to  go  away,  and  thus  the  other  party  will  be  less 
strong,  or  at  least  more  so,  by  one  vote.  The  Secretary's  peo 
ple  scarce  disguise  their  design,  which  is  to  create  a  mass  of 
debts  which  will  justify  them  in  seizing  all  the  sources  of  Gov 
ernment,  thus  annihilating  the  State  Legislatures  and  creating 
an  empire  on  the  basis  of  consolidation. 

April  lltkj  Sunday. — Stayed  at  my  lodgings  almost  all 
day,  a  few  minutes  excepted,  when  I  went  to  the  lodgings  of 
General  Irwin,  who  is  this  day  to  set  off  on  his  journey  to 
Carlisle.  Wrote  sundry  letters,  read,  etc.  I  charged  Gen 
eral  Irwin  with  letters  for  Ilarrisburg  and  Sunbury.  Wrote  a 
few  lines  to  Eleazer  Oswald,  editor  of  the  Independent  Gazet 
teer,  to  inclose  his  paper  and  forward  it  to  my  son  Johnny, 
to  be  left  at  Adam  Zantzinger's  in  Market  Street,  Philadel 
phia. 

April  l%th,  Monday. — The  business  done  in  the  Senate 
was  trifling.  A  bill  for  establishing  the  government  of  the 
North  Carolina  cession  was  taken  up.  I  had  occasion  to 
speak  to  it,  and  moved  a  postponement  until  the  bill  be 
printed  and  put  into  the  members'  hands.  It  was  carried. 
Elsworth  was  fretted,  and  I  cared  not.  Two  amended  bills 
came  up  from  the  other  House  and  were  postponed.  We  ad 
journed  between  twelve  and  one  o'clock. 

I  went  into  the  House  of  Representatives  to  hear  the  ques 
tion  of  assumption  taken  up.  Clymer  got  up  ;  said  the  as 
sumption  was  two  and  a  quarter  millions  against  his  State  ; 
more  than  she  ought  to  pay ;  but,  for  confirming  the  Govern 
ment  and  for  national  purposes,  he  would  vote  for  it.  I 
could  not  hear  all  he  said,  but  the  above  was  the  amount 
of  it. 

Fitzsimons  hoped  to  have  a  great  many  conditions  ob 
tained,  such  as  that  the  interest  of  the  State  debt  should  be  paid 
in  the  respective  States  ;  that  no  improper  charges  should  be 
brought  forward.  But  he  would  vote  for  it  no\y  in  expecta 
tion  that  these  conditions  would  be  obtained  afterward.  Cer 
tainly  this  could  not  be  called  the  conduct  of  a  Aviso  man  ;  he 


APRIL  12]          ASSUMPTION  DEFEATED   IN  SENATE.  237 

voted  as  well  as  Clymer  for  it  formerly  and  took  all  the  Penn 
sylvania  delegation  with  him  except  Heister  and  General 
Mulilenberg  without  any  condition  whatever,  unless  it  might 
be  private  ones  known  only  to  himself  and  the  Treasury.  The 
question  was,  however,  taken  and  lost :  thirty-one  against  it  and 
twenty-nine  for  it.*  Fitzsimons,  Clymer,  and  Hartley  voted 
for  it. 

Sedgwick,  from  Boston,  pronounced  a  funeral  oration 
over  it.  He  was  called  to  order ;  some  confusion  ensued  ;  he 
took  his  hat  and  went  out.  When  he  returned,  his  visage,  to 
me,  bore  the  visible  marks  of  weeping.  Fitzsimons  reddened 
like  scarlet ;  his  eyes  were  brimful.  Clymer' s  color,  always 
pale,  now  verged  to  a  deadly  white ;  his  lips  quivered,  and  his 
nether  jaw  shook  with  convulsive  motions;  his  head,  neck, 
and  breast  contracted  with  gesticulations  resembling  those 
of  a  turkey  or  goose  nearly  strangled  in  the  act  of  degluti 
tion.  Benson  bungled  like  a  shoemaker  who  had  lost  his 
end.  Ames's  aspect  was  truly  hippocratic — a  total  change  of 
face  and  features ;  he  sat  torpid,  as  if  his  faculties  had  been 
benumbed.  Gerry  exhibited  the  advantages  of  a  cadaverous 
appearance,  at  all  times  placid  and  far  from  pleasing ;  he  ran 
no  risk  of  deterioration.  Through  an  interruption  of  hectic 
lines  and  consumptive  coughs  he  delivered  himself  of  a  decla 
ration  that  the  delegates  of  Massachusetts  would  proceed  no 
further,  but  send  to  their  State  for  instructions. 

Happy  impudence  sat  enthroned  on  Lawrence's  brow.  lie 
rose  in  puffing  pump  and  moved  that  the  committee  should 
rise,  and  assigned  the  agitation  of  the  House  as  a  reason. 
Wads  worth  hid  his  grief  under  the  rim  of  a  round  hat.  Bou- 
dinot's  wrinkles  rose  in  ridges  and  the  angles  of  his  mouth 
were  depressed  and  assumed  a  curve  resembling  a  horse's  shoe. 
Fitzsimons  first  recovered  recollection,  and  endeavored  to 
rally  the  discomfited  and  disheartened  heroes.  He  hoped  the 
good  sense  of  the  House  would  still  predominate  and  lead 
them  to  reconsider  the  vote  which  had  been  now  taken ;  and 
he  doubted  not  but  what  it  would  yet  be  adopted  under  proper 
modifications.  The  Secretary's  group  pricked  up  their  ears, 

*  This,  of  course,  greatly  reduced  the  value  of  certificates. 


238  DINNER  WITH   IZARD.  [1790 

and  Speculation  wiped  the  tear  from  either  eye.  Goddess  of 
description,  paint  the  gallery ;  here's  the  paper,  find  fancy 
quills  or  crayons  yourself. 

April  13th,  Tuesday. — Nothing  of  moment  done  this  day 
in  the  Senate.  The  bill  for  the  Territory  south  of  the  Ohio 
passed  a  second  reading.  Some  trifling  debate  on  the  amend 
ments  of  the  bill  defining  crimes  and  punishments.  The  day 
was  clear,  though  somewhat  cold,  but  I  felt  a  desire  of  being 
abroad,  and  walked  out  almost  all  day  with  Mr.  R.  Harris,  who 
is  now  abroad  again. 

April  Hth,  Wednesday. — There  was  nothing  of  impor 
tance  transacted  this  day  in  the  Senate,  no  debate  worth  minut 
ing.  The  Senate  adjourned,  and  we,  or  at  least  I,  went  into 
the  House  of  Representatives.  But  even  there  everything 
seemed  equally  unimportant.  The  House  adjourned,  and  as  I 
was  to  dine  this  day  with  Mr.  Izard,  the  Speaker,  and  General 
[Muhlenberg]  being  likewise  engaged  at  the  same  place,  we 
had  an  hour  on  hand  to  saunter  away  before  dinner.  It  began 
to  rain  as  we  got  to  Izard's.  There  was  of  the  company  Count 
von  Berkel,  the  Speaker  of  the  New  York  House  of  Repre 
sentatives,  members  of  Congress,  etc.  Among  our  wine  I  men 
tioned  the  expected  death  of  Dr.  Franklin.  Izard  knew  him 
as  well  as  any  man  in  the  world.  Dr.  Johnson  would  yield  to 
no  man  on  intimate  acquaintance  with  his  [Franklin's]  charac 
ter,  and  at  him  they  both  went.  I  really  never  was  much  of 
an  admirer  of  the  Doctor,  but  I  could  hardly  find  it  in  my 
heart  to  paint  the  devil  so  bad.  He  had  every  fault  of  vanity, 
ambition,  want  of  sincerity,  etc.  Lee's  rascally  virtue  of  pru 
dence  was  all  they  would  leave  him. 

I  must  note  it  down  that  Clymer  called  me  out  of  the  Sen 
ate  chamber  this  day.  It  was  on  no  business  of  any  conse 
quence.  He  talked  with  me  a  considerable  time.  After  I 
came  into  the  Representative  chamber  he  came  and  took  a 
chair  beside  me.  I  must  declare  that,  be  his  motives  what 
they  may,  I  never  saw  him  so  condescending.  I  will  not 
balk  him  in  his  advances  to  me;  my  heart  tells  me  that  peace 
with  all  the  world  is  the  most  acceptable  and  desirable  object 
to  be  pursued.  I  will  not  shun  her,  but  place  myself  in  her 
paths.  What  is  it  that  whispers  in  my  ear  that,  if  any  dirty 


APRIL  15]  THE  MILITARY  BILL.  239 

trick  is  played  me  that  has  its  date  about  this  time,  I  need  not 
be  at  a  loss  to  guess  the  author?  Xo,  no.  I  will  give  it  no 
such  meaning.  I  will  not  suppose  him  to  have  worn  a  cloak, 
but  that  he  came  clothed  in  candor. 

April  15th,  Thursday. — The  bill  for  regulating  the  mili 
tary  establishment  was  called  up.  The  friends  of  this  bill 
seem  to  be  chiefly  Butler,  King,  and  Schuyler.  I  have  op 
posed  this  bill  hitherto  as  often  as  it  has  been  before  the  House 
as  the  foundation,  the  corner-stone  of  a  standing  army.  The 
troops  are  augmented  one  half.  The  reasons  hitherto  given 
have  been  the  distressed  state  of  Georgia.  Butler  has  blazed 
away  on  this  subject  at  a  great  rate ;  declared  over  and  over 
that  Georgia  would  seek  protection  elsewhere  if  troops  were 
not  sent  to  support  her,  etc.,  etc.,  and  said  fifty  Indians  had 
penetrated  into  that  State,  of  which  he  had  authentic  infor 
mation,  etc.  Carrol  joined  him.  King,  Schuyler,  Elsworth, 
and  Lee  opposed  them.  Lee  made  a  set  speech  against  stand 
ing  armies.  He  really  spoke  well.  King  at  last  got  up  and 
rather  upbraided  the  Georgia  members  for  their  silence  on 
this  question.  This  brought  up  Colonel  Gunn.  He  declared 
he  knew  nothing  of  fifty  Indians  making  any  inroads  into 
Georgia.  He  was  just  from  there,  and  had  the  latest  accounts. 
Georgia  was  in  peace,  and  never  had  a  better  prospect  of  con 
tinuing  so.  There  existed  no  cause  in  Georgia  for  augment 
ing  the  troops  ;  and  since  that  was  the  reason  assigned  for  it, 
he  should  vote  against  it. 

Infatuated  people  that  we  are  !  The  first  thing  done  under 
our  new  Government  was  the  creation  of  a  vast  number  of 
offices  and  officers.  A  treasury  delated  into  as  many  branches 
as  interest  could  frame.  A  Secretary  of  War  with  a  host  of 
clerks ;  and  above  all  a  Secretary  of  State,  and  all  these  men 
labor  in  their  several  vocations.  Hence  we  must  have  a  mass 
of  national  debt  to  employ  the  Treasury,  an  army  for  fear  the 
Department  of  War  should  lack  employment.  Foreign  en 
gagements,  too,  must  be  attended  to  to  keep  up  the  conse 
quences  of  that  Secretary.  The  next  cry  will  be  for  an  Ad 
miralty.  Give  Knox  his  army,  and  he  will  soon  have  a  war 
on  hand  ;  indeed,  I  am  clearly  of  opinion  that  he  is  aiming  at 
this  even  now,  and  that,  few  as  the  troops  are  that  he  now  has 


24:0  ™E  MILITARY  BILL.  [1790 

under  his  direction,  lie  will  have  a  war  in  less  than  six  months 
with  the  Southern  Indians. 

Lent  the  Speaker  fifty  dollars. 

April  IGtli. — And  now  again  for  the  augmentation  of  the 
troops.  I  took  a  minute  view  of  all  the  papers  forwarded  by 
General  Knox.  They  were  copies  of  letters  which  he  had  re 
ceived  from  different  places  and  carried,  evidently,  manage 
ment  on  the  face  of  them.  Thus,  for  instance,  General  Knox 
writes  to  General  Wayne  in  Georgia  to  inform  him  whether 
the  Spaniards  had  not  lately  supplied  the  Indians  with  arms 
and  ammunition.  General  "Wayne  answers  that  his  inquiries 
on  this  head  resolved  themselves  into  the  affirmative,  and  adds 
his  opinion  that  it  is  highly  probable  hostile  uses  may  be  made 
of  those  supplies  by  the  savages.  In  this  manner  leading  let 
ters  procure  favorable  answers  from  men  who  expect  to  be 
employed  in  case  troops  are  raised.  Before  Colonel  Gunn 
came,  the  dangers  arid  distress  of  Georgia  were  magnified  as 
far  as  fancy  could  from  frightful  pictures.  Colonel  Gunn 
contradicts  all  this. 

ISTew  phantoms  for  the  day  must  be  created.  Now  a  dan 
gerous  and  dreadful  conspiracy  is  discovered  to  be  carrying 
on  between  the  people  of  Kentucky  and  the  Spaniards.  King 
unfolded  this  mysterious  business,  adding  that  he  conceived 
his  fears  were  well  founded.  He  firmly  believed  there  was  a 
conspiracy ;  that  it  was  dangerous  to  put  arms  into  the  hands 
of  the  frontier  people  for  their  defense,  lest  they  should  use 
them  against  the  United  States. 

I  really  could  scarce  keep  my  seat  and  hear  such  base  sub 
terfuges  made  use  of  one  after  another.  I  rose,  demanded 
what  right  gentlemen  had  to  monopolize  information.  If  they 
had  it,  let  them  come  forward  with  it  and  give  other  people 
an  opportunity  of  judging  of  the  authenticity  of  the  informa 
tion,  as  well  as  the  persons  in  possession  of  it ;  declared  that 
I  could  not  tamely  sit  and  hear  the  characters  of  the  people  on 
the  Western  waters  traduced  by  the  lump.  This  day  was  the 
first  ever  I  heard  of  the  word  "  conspiracy  "  being  applied  to 
the  inhabitants  of  the  Western  waters.  I  had  a  right  to  doubt 
it  until  authentic  proof  was  brought  forward  of  the  fact.  I 
felt  myself  disposed  to  wipe  King  hard,  and  certainly  did  so. 


APRIL  17]  INVENTED  NEWS. 

It  was  moved  and  seconded  very  fairly  to  reduce  the  number 
to  one  thousand,  and  carried,  eleven  to  nine.  Elsworth,  though 
he  spoke  for  the  reduction,  voted  against  us.  Mr.  Morris 
desired  to  be  excused  from  voting,  as  he  had  come  but  lately. 
Elsworth  said  he  voted  against  one  thousand  because  he  wanted 
twelve  hundred ;  and,  though  it  was  certainly  out  of  all  order, 
got  a  question  put  on  this  number  and  carried  it  by  one  vote. 
'No  man  ever  had  a  more  complete  knack  of  putting  his  foot 
in  a  business  than  this  same  Elsworth.  At  one  thousand  we 
should  have  had  but  one  regiment,  Now  the  committee  to 
whom  it  is  recommitted  will  try  to  continue  them  in  two. 
And  yet  economy  is  all  his  cry. 

I  gave  notice  that,  when  the  title  of  the  bill  came  to  be 
considered,  I  would  move  to  strike  out  "  for  regulating  the 
military  establishment  of  the  United  States,"  and  mentioned 
particularly  what  I  took  the  intention  of  the  troops  to  be  agree 
ably  to  the  old  acts  of  Congress,  viz.,  protection  of  the  front 
iers  of  the  United  States  /  facilitating  the  surveying  and 
selling  the  public,  lands  and  preventing  unwarrantable  en 
croachments  on  the  same.  The  man  must  be  blind  who  does 
not  see  a  most  unwarrantable  management  respecting  our  mili 
tary  affairs.  The  Constitution  certainly  never  contemplated  a 
standing  army  in  time  of  peace.  A  well-regulated  militia  to 
execute  the  laws  of  the  Union,  quell  insurrections,  and  repel 
invasions,  is  the  very  language  of  the  Constitution.  General 
Knox  offers  a  most  exceptional  bill  for  a  general  militia  law 
which  excites  (as  it  is  most  probably  he  expected)  a  general 
opposition.  Thus  the  business  of  the  militia  stands  still,  and 
the  Military  Establishment  bill,  which  increases  the  standing 
troops  one  half,  is  pushed  with  all  the  art  and  address  of  min 
isterial  management. 

April  17th. — Being  Saturday,  a  party  was  formed  to  go  to 
Ilaerlem.  Long  cooped  up  in  the  city,  I  joyfully  joined  them, 
but  the  wind  soon  blew  cold  and  raw  from  the  east,  and  we 
could  not  stay  out  of  doors.  Like  most  other  human  expecta 
tions,  our  hopes  vanished  in  disappointment.  I  got  some  cold, 
and  felt  slight  complaints  of  the  rheumatic  kind.  The  ramble 
has,  however,  had  its  uses,  and  may  cure  me  on  the  subject  of 
excursions  in  the  future. 
16 


24:2  THE  MILITARY   PiLL.  [1790 

April  18th,  Sunday. — This  is  the  most  tempestuous  day 
which  I  remember.  Snow,  torrents  of  rain,  high  winds.  Kept 
the  house  all  day  ;  read  and  wrote  to  my  family.  The  Speaker 
received  letters  by  which  it  appears  the  Philadelphians,  or  at 
least  the  aristocrats,  will  support  Mimin  rather  than  him 
[Muhlenberg]  for  Governor.  He  recapitulated  the  return  they 
had  always  made  to  him  for  his  engaging  the  Germans  to  sup 
port  their  measures.  He  had  a  share  of  the  profits  of  the 
vendue  office  from  Paton,  but  it  amounted  to  little.  They 
deserted  him  on  the  appointment  of  vendue-master.  For  the 
Northern  Liberties  he  got  the  office  in  Montgomery  by  a  con 
stitutional  vote,  and  it  never  paid  him  for  the  paper  he  spent 
for  the  Republican  party. 

April  19th,  Monday. — The  journals  of  the  Senate  can 
scarce  designate  a  day  of  less  importance  than  the  present. 
The  yeas  and  nays  had  been  fairly  taken  on  reducing  the 
troop  from  sixteen  hundred  to  one  thousand,  but  the  way  the 
minutes  read  the  question  was  for  the  striking  out  of  every 
man,  viz.,  the  whole  sixteen  hundred.  Elsworth  moved  to 
strike  out  the  whole  of  the  yeas  and  nays,  etc.  This  certainly 
wras  against  all  rule :  the  reading  of  the  minutes  is  for  correc 
tion,  not  altering  them.  Wyngate  and  Langdon  spoke  a  good 
deal,  but  it  was  in  vain.  They  carried  it. 

I  bought  two  little  pocket-books  for  Betsey  and  Xelly,  to 
be  sent  home  by  Bobby  Harris.  On  the  vellum  in  one  of 
them  I  wrote : 

A  daddy  to  a  daughter  dear 
This  little  present  sends : 
May  she  to  him,  far  off  or  near, 
By  duty  make  amends  ! 

In  the  other  one  I  wrote  the  following : 

A  father  to  a  favorite  child 

Presents  this  little  toy : 
May  she  through  life  a  sunshine  mild 

And  happiness  enjoy  ! 

Wretched  man  that  I  am,  who  do  not  break  loose  from  this 
disagreeable  place  and  stay,  live  and  die  witli  my  family  ! 

April  Wth,  Tuesday. — Dressed  this  day  to  go  witli  Bobby 
Harris  to  the  levee,  but  the  President  was  gone  to  Long 


APRIL  20]  THE  MILITARY  BILL.  243 

Island.  We  sat  a  long  time  in  the  Senate,  without  doing  any 
thing.  At  last  the  committee  on  the  military  bill  reported. 
The  report  was  a  mere  matter  of  detail,  only  the  clause  lim 
iting  the  bill  to  two  years  was  struck  out.  I  had  given  notice 
that  I  would  move  to  alter  the  title  of  the  bill  so  as  to  express 
the  use  and  intention  of  raising  the  troops,  but  our  Vice- 
President,  in  order  to  jockey  me,  was  for  putting  the  question 
on  the  bill  without  saying  anything  about  the  title  at  all. 
Els  worth,  who  can  not  bear  that  anybody  should  move  any 
thing  but  himself,  and  to  whom  I  showed  the  title  I  had  pro 
posed  to  offer,  pushed  himself  before  me  with  a  title  different 
and  much  shorter.  He  was  not  seconded.  I  offered  mine,  and 
was  seconded  by  Lee.  A  long  debate  ensued.  Elsworth  now 
gave  all  the  opposition  in  his  power.  It  was  really  painful  to 
hear  the  servile  sentiments  that  were  advanced.  The  spirit 
of  the  whole  was,  that  we  had  nothing  to  do  with  the  troops ; 
had  no  right  to  know  what  the  President  did  with  them  or 
applied  them  to  ;  it  was  interfering  with  his  command,  etc.  I 
thought  they  were  well  answered.  But  what  of  that  ?  "We  lost 
it.  Elsworth  now  showed  plainly  that  he  cared  little  about 
his  motion,  and  that  he  had  only  started  his  to  draw  off  the 
Senate  from  mine.  Butler  had  declared  he  would  second  him 
during  the  debate  on  mine.  I,  therefore,  called  for  it,  lie 
now  moved  it  differently,  viz.,  "  An  act  to  raise  troops  for  the 
service  of  the  United  States."  His  first  motion  was  "  for  the 
defense  of  the  frontiers  and  for  other  purposes."  All  we 
could  do  was  to  get  a  question  on  it,  such  as  it  was.  The 
Senate  divided,  ten  to  ten.  The  Vice-President  made  a  re 
markable  speech.  He  said  to  raise  troops  for  the  service  of 
the  United  States  was  as  much  a  standing  army  as  a  military 
establishment,  and  voted  for  the  old  title.  I  thought  I  con 
firmed  every  argument  I  advanced,  either  from  the  old  or  new 
Constitution  of  Pennsylvania,  or  from  the  Constitution  of  the 
United  States.  But  a  sentence  from  the  Secretary  [Knox]  is 
of  more  avail  than  all  the  Constitutions  in  the  United  States 
with  many  people. 

The  limiting  clause  at  the  end  of  the  bill  confining  it  to 
two  years  being  lost,  I  moved  that  three  years  in  the  first 
clause  should  be  struck  out  arid  two  inserted.  I  brought  for- 


244  THE  MILITARY  BILL.  [1790 

ward  the  "  appropriation  "  clause  in  tlie  Constitution  to  sup 
port  me  in  this  motion,  but,  as  it  was  known  wliere  the  majority 
was,  I  could  not  obtain  a  second. 

"We  had  a  meeting  last  night  of  our  delegation  on  the  sub 
ject  of  removing  Congress.  The  avowed  language  of  the 
Philadelphians  [was]  to  make  a  Potomac  contract.  I  insisted 
we  should  lose  as  much  on  one  hand  as  we  could  gain  on  the 
other,  and  infamy  was  certain  ;  that  the  business  could  be 
better  done  without  it,  etc. 

April  21st. — The  bill  for  regulating  the  military  establish 
ment  was  taken  up  for  a  third  reading.  Being  in  the  Senate, 
and  of  course  in  order,  I  moved  to  restore  the  seventeenth  sec 
tion,  which  had  been  struck  out  yesterday,  in  the  following 
words  :  u  And  be  it  further  enacted  that  this  act  shall  continue 
and  be  in  force  until  the  26tli  day  of  March,  1792."  I  went 
over  the  Constitutions  of  Pennsylvania,  old  and  new;  that 
they  were  abhorrent  of  a  standing  army  in  time  of  peace  in 
ferred,  as  I  thought,  clearly  the  same  doctrine  from  the  Con 
stitution  of  the  United  States.  I  then  showed  that  this  bill 
established  a  standing  army.  It  was  for  regulating  the  mili 
tary  establishments  of  the  United  States.  It  carried  a  perma 
nent  establishment  on  the  face  of  it,  as  it  was  unlimited  in 
point  of  time.  It  clearly  carried  with  it  a  permanent  standing 
army.  I  compared  it  to  the  Mutiny  bill  of  Great  Britain.  All 
the  world  knew  that  Great  Britain  had  a  standing  army,  and 
her  soldiers  were  enlisted  generally  for  life  ;  and  yet  the  jeal 
ousy  of  the  nation  was  such  that  the  boldest  minister  dared  not 
propose  the  extending  of  the  Mutiny  bill  to  more  than  one 
year.  In  the  legislative  theory,  the  English  had  no  standing 
army.  It  was  but  an  annual  one.  But  if  the  bill  passed  in  its 
present  form  we  should  not  have  even  a  theory  to  oppose  to  a 
standing  army,  etc. 

Elsworth  got  up  and  said  the  reason  the  clause  was  struck 
out  was  that  it  contradicted  the  terms  of  enlistment,  and  he 
made  a  distinction  between  enlisting  men  for  three  years  and 
appropriating  pay  for  them  for  three  years.  "We  could  do  the 
one.  We  could  not  do  the  other  without  breaking  the  Con 
stitution.  He  wished  they  were  enlisted  for  seven  or  ten  years, 
etc.  I  answered  that  it  seemed  as  if  men  strained  their  inge- 


APRIL  22]  THE   MILITARY  BILL.  245 

nuity  to  try  how  near  they  could  approach  ai1^  -^m,ction  of 
the  Constitution  without  breaking  it.  There ^°/utdd  be  no 
doubt  but  what  the  clause  limiting  the  appropriation  to  two 
years  was  meant  as  a  bar  against  a  standing  army,  and  yet  gen 
tlemen  seemed  to  strain  their  faculties  to  accomplish  the  very 
end  prohibited,  without  being  chargeable  with  a  direct  breach 
of  commandments,  etc. 

Elsworth  declared,  both  yesterday  and  this  day,  that  mili 
tary  establishment  meant  and  could  mean  nothing  short  of  a 
standing  army.  Carrol  used  the  same  language,  and  expressly 
said  that,  though  the  Constitution  of  Pennsylvania  might  for 
bid  it,  we  were  not  to  be  governed  by  any  State  Constitution. 
33ut  of  all  the  iiamers,  none  blazed  like  Izard.  He  wished  for 
a  standing  army  of  ten  thousand  men.  He  feared  nothing 
from  them.  Xo  nation  ever  lost  its  liberty  by  a  standing 
army,  etc,  The  Romans  lost  their  liberty,  but  it  was  not  by 
the  army  under  Julius  Caesar.  He  was  well  answered  by  Lee, 
but  it  was  in  vain.  A  standing  army  was  the  avowed  doctrine, 
and  on  the  question  Lee,  "Wyngate,  and  myself  rose.  I  openly 
declared  my  regret  that  there  were  not  enough  of  us  to  call 
the  yeas  and  nays.  Mr.  Morris  was  not  in  at  the  taking  of 

•/  •>  o 

the  question. 

I  find  in  some  conversation  which  I  have  had  with  the 
Speaker  that  Hartley  is  very  dependent  in  his  circumstances. 
A  mere  borrower  and  discounter  of  notes  at  the  Philadelphia 
bank.  It  is  much  against  him  in  point  of  prudence  that  he 
should  be  the  most  extravagant  member  of  the  Pennsylvania 
delegation. 

April  22(L — The  morning  looked  so  tempting  I  could  not 
resist  the  impulse  I  felt  for  walking  out.  The  Speaker  joined 
me  at  the  door.  AVe  called  on  Mi\  Wynkoop,  who  is  con- 
lined  \vith  his  sore  leg.  We  got  on  the  assumption  of  State 
debts.  I  find  the  Speaker  rather  wavers  of  late.  "Wynkoop 
seemed  all  Secretary  [Hamilton].  I  embarked,  as  I  generally 
do,  and  I  endeavored  to  speak  so  plain  that  I  scarce  think  it 
possible  I  could  be  misunderstood ;  and  I  could  not  help  think 
ing  that  to  understand  and  obtain  consent  were  inseparable. 
He  waved  what  I  said  as  if  he  would  push  all  by  in  the  lump. 
But  if  I  had  talked  to  a  mute  camel,  or  addressed  myself  to 


246  "E  DEATH   OF   DR.   FKANKLIN.  [1790 

a  dead  L  «  appay  speech  would  have  had  the  same  effect ;  and 
yet  he  seeint-i  to  have  neither  opinion  nor  system  of  his  own. 

Attended  at  the  Hall.  A  bill  was  committed,  a  message 
was  received,  and  the  Senate  adjourned.  Wrote  a  short  piece 
against  the  assumption  of  State  debts ;  sent  a  copy  to  Bailey 
for  publication.  This  day  there  were  accounts  published  of 
the  death  of  Dr.  Franklin,  and  the  House  of  Representatives 
voted  to  drape  their  arms  for  a  month.  "When  I  consider  how 
much  the  Doctor  has  been  celebrated,  and  when  I  compare  his 
public  fame  with  his  private  character,  I  am  tempted  to  doubt 
whether  any  man  was  as  perfect.  Yet  it  is,  perhaps,  for  the 
good  of  society  that  patterns  of  perfection  should  be  held  up 
for  men  to  copy  after.  I  will,  therefore,  give  him  my  vote 
of  praise,  and,  if  any  Senator  moves  crape  for  his  memory,  I 
shall  have  no  objection  to  it ;  yet  we  suffered  Grayson  to  die 
without  any  attention  to  his  memory,  though  he  belonged  to 
our  body,  and  perhaps  had  some  claim  to  a  mark  of  sorrow. 

April  23d. — Felt  rheumatic  pains  over  a  considerable  part 
of  me,  and  really  have  some  fear  that  I  shall  have  a  fit  of  it. 
A  bill  had  been  committed  yesterday  "  for  the  relief  of  a  cer 
tain  description  of  officers."  I  believe  it  came  from  the  Sec 
retary  of  War.  It  was  absolutely  unintelligible,  and  it  really 
struck  me  it  was  meant  as  the  stock  to  ingraft  some  mischief 
on  with  respect  to  the  commutation  pensions  and  half -pay  of 
the  old  army,  everything  relating  to  which  we  had  generally 
considered  as  settled.  I  spoke  freely  of  it  yesterday  and  this 
day,  though  I  was  not  of  the  committee.  The  committee, 
however,  reported  against  the  whole  of  it,  and  it  was  rejected. 

It  really  seems  as  if  a  listlessness  or  spirit  of  laziness  per 
vaded  the  House  of  Representatives.  Anything  which  comes 
from  a  Secretary  is  adopted  almost  without  any  examina 
tion.  The  military  establishment  bill  came  up — concurred  in. 
Strange  that  not  a  Pennsylvania!!  should  object  to  this  bill. 
As  it  now  stands,  it  flatly  contradicts  the  Constitution  of  Penn 
sylvania,  both  old  and  new. 

Carrol  rose  and  made  a  motion  that  the  Senate  should  wear 
crape  for  a  month  for  the  loss  of  Dr.  Franklin.  Before  he 
was  seconded,  Elsworth  got  up  and  opposed  it ;  said,  as  it  would 
not  be  carried  in  the  Senate ;  he  trusted  it  would  not  be  sec- 


APRIL  25J  THE  KILLING  OF  OXEN.  247 

onded.  I  rose  and  seconded  Carrol.  Izard  and  Butler  hated 
Dr.  Franklin,  and  I  well  knew  that  this  opposition  of  Els- 
worth  aimed  at  their  gratification.  Perhaps  my  supporting 
Carrol  had  something  of  a  tincture  of  the  same  kind.  King 
and  Dr.  Johnson  joined  Elsworth.  Elsworth  addressed  Carrol 
and  told  him  (through  the  Chair)  that  he  might  as  well  with 
draw  his  motion,  as  it  would  be  lost.  This  was  really  insult 
ing.  But  as  the  matter,  strictly  speaking,  was  not  senatorial 
or  such  as  belonged  to  us  in  our  capacity  as  a  public  body,  and 
as  it  was  opposed,  Carrol  looked  at  me  and  I  nodded  assent, 
and  it  was  withdrawn. 

April  ^4-t/i. — A  party  was  formed  by  General  Muhlenberg 
to  go  to  Long  Island,  but,  recollecting  the  disappointment  of 
last  Saturday,  I  declined  going  with  them.  Stayed  at  home 
and  spent  the  day  rather  in  a  lounging  manner.  Wrote  some 
letters.  The  Speaker  proposed  a  ride  in  his  carriage.  I  was 
all  passive.  He  took  a  lady  who  was  indisposed.  I  went  in 
the  evening  and  sat  awhile  with  Mr.  Wynkoop.  In  the  after 
noon  Henry  Stone  and  some  other  members  of  Congress 
called  on  me  to  go  and  see  some  cattle  of  enormous  size.  I 
went,  Two  bullocks  of  great  bulk  indeed  were  shown  to  us. 
I  was  sorry  for  my  walk.  They  were  in  the  yard  of  the 
slaughter-house.  I  now  learned  some  secrets  of  the  butcher 
business  which  I  never  knew  before.  The  ox  is  emptied  by 
repeated  bleedings  of  almost  all  his  veins  before  he  is  killed. 
A  place  is  fitted  up  to  which  their  heads  are  drawn  up  by  a 
rope,  and  the  jugular  veins  are  opened.  The  blood  falls  down 
on  the  boards,  inclined  so  that  it  runs  into  a  trough  fixed  in 
the  ground  ;  and  hogs  are  kept  to  feed  on  it.  All  this  prepa 
ration  is  made  to  make  the  beef  white.  Then  the  great,  harm 
less  creatures  had  undergone  several  of  their  bleedings,  and 
were  moving  about  faint  and  languid,  with  looks  of  dumb  de 
spair.  O  man,  what  a  monster  art  thou !  I  can  not  get  rid 
of  the  impression  this  sight  has  left  me. 

April  2otkj  Sunday. — I  wrote  letters  as  usual  to  my  family 
this  morning.  At  ten  o'clock  went  to  Mr.  Wynkoop's  lodg 
ings,  in  order  to  go  to  the  meeting.  It  blew  up  cold  and  be 
gan  to  rain.  The  clergyman  we  intended  to  hear  (Dr.  Lynn) 
was  sick,  so  we  did  not  go  out,  but  I  sat  with  him  a  consider- 


248  WYNKOOP  FOR  ASSUMPTION.  [1790 

able  time.  Our  chat  was  on  various  and  trifling  subjects : 
weather,  home,  farming,  and  what  not.  After  a  pause  he 
broke  out  with  a  laugh,  saying  how  fine  and  quietly  we  got 
over  the  military  establishment ;  all  smooth — not  a  word  of 
opposition.  He  expressed  great  satisfaction,  and  seemed  to 
manifest  that  kind  of  triumph  which  would  folfow  the  per 
formance  of  an  arduous  task  with  unexpected  facility.  Surely 
the  ministerial  gentry  must  have  looked  for  opposition  and 
prepared  themselves  accordingly  ;  and  my  worthy  friend  must 
have  been  of  their  council,  which  seems  a  hard  thought,  but 
what  am  I  to  believe  ?  I,  however,  soon  undeceived  him  with 
regard  to  the  part  I  had  acted  in  the  Senate,  and  he  looked 
like  a  man  who  unexpectedly  finds  himself  in  strange  company. 

April  26th,  Monday.— Attended  at  the  Hall.  Mr.  Walker, 
from  Virginia,  the  gentleman  elected  in  the  room  of  Mr. 
Grayson,  took  his  seat.  The  Progress  bill,  which  in  fact  con 
sisted  only  of  one  clause  continuing  the  old  one  to  another 
session,  had  a  second  reading.  We  did  not  continue  in  our 
seats  for  more  than  three  quarters  of  an  hour,  till  King  moved 
an  adjournment.  Modesty  by  degrees  begins  to  leave.  We 
used  to  stay  in  the  Senate  chamber  till  about  two  o'clock  ,wheth- 
er  we  did  anything  or  not,  by  way  of  keeping  up  the  appear 
ance  of  business.  But  even  this  we  seem  to  be  got  over. 

Dr.  Elmer  asked  me  to  walk  with  him.  I  saw  cards 
handed  about  the  Senate,  but  this  happens  so  often  that  I  took 
no  notice  of  it.  When  we  were  in  the  street  the  doctor  asked 
me  if  I  had  not  a  card  to  dine  with  the  President.  I  told 
him,  with  all  the  indifference  I  could  put  on,  no,  and  imme 
diately  took  up  some  other  subject,  which  I  entered  upon  with 
eagerness,  as  if  I  had  hardly  noticed  his  question.  This  is  the 
second  time  the  Doctor  has  asked  me  the  same  question,  so 
that  the  President's  neglect  of  me  can  be  no  secret.  How  un 
worthy  of  a  great  character  is  such  littleness  !  He  [Washing 
ton]  is  not  aware,  however,  that  he  is  paying  me  a  compliment 
that  none  of  his  guests  can  claim.  He  places  me  above  the 
influence  of  a  dinner,  ev^en  in  his  own  opinion.  Perhaps  he 
means  it  as  a  punishment  for  my  opposition  to  court  measures. 
Either  way,  I  care  not  a  fig  for  it.  I  certainly  feel  a  pride 
arising  from  a  consciousness  that  the  greatest  man  in  the  world 


APRIL  27]     THE  PUBLIC   CREDITORS  OF   PHILADELPHIA.     249 

has  not  credit  enough  with  me  to  influence  my  conduct  in  the 
least.  This  pride,  however,  or  perhaps  I  should  call  it  self- 
approbation,  is  the  result  of  my  conduct  and  by  no  means  the 
motive  of  it.  This  I  am  clear  in. 

I  am  so  very  intent  on  getting  Congress  away  from  this 
place  that  I  went  to  see  the  Philadelphians  and  concert  what 
was  further  to  be  done.  I  wished  to  communicate  to  them 
the  result  of  my  inquiries,  and  receive  their  stock  of  informa 
tion  on  the  subject  of  removal.  I  had  some  time  ago  deter 
mined  never  to  call  on  them  any  more,  but  my  anxiety  on  this 
point  made  me  break  through  this  rule.  But  the  result  has 
made  me  re-enact  my  former  resolution.  I  think  it  best  to 
respect  myself.  Let  this  resolution  be  as  a  ring  on  my  finger 
or  the  shirt  on  my  back  ;  let  me  never  be  without  it. 

This  morning  we  had  snow  near  two  inches  deep.  It 
melted  as  it  fell  during  the  fore  part  of  the  day,  and  turned  at 
last  to  rain. 

This  day  Mr.  Clymer  made  his  famous  speech  for  throwing 
away  the  Western  world.  A  noble  sacrifice,  truly,  to  gratify 
the  public  creditors  of  Philadelphia !  Reject  territory  of  an 
extent  of  an  empire  so  that  it  may  be  out  of  the  power  of 
Congress  to  oblige  the  public  creditors  to  take  any  part  of  it. 
This,  added  to  the  confiscation  of  the  seventeen  shillings  six 
pence  in  every  pound  of  alieniated  certificates,  which  virtually 
belonged  to  the  person  who  performed  the  original  service 
and  bestowing  on  it  a  base  speculation,  completes  the  counter 
part  of  villainy  to  the  meritorious  soldier  on  the  one  hand, 
and  defrauded  and  betrayed  country  on  the  other,  whose  re 
sources  are  rejected  that  the  debt  may  become  irredeemable 
and  permanent. 

April  27th. — This  is  a  day  of  no  business  in  the  Senate. 
Before  the  House  formed,  Mr.  Adams,  our  Vice-President, 
came  to  where  I  was  sitting  and  told  how  many  late  pamphlets 
he  had  received  from  England  ;  how  the  subject  of  the  French 
Revolution  agitated  the  English  politics;  that  for  his  part  he 
despised  them  all  but  the  production  of  Mr.  Burke,  and  this 
same  Mr.  Burke  despised  the  French  Revolution.  Bravo,  Mr. 
Adams !  I  did  not  need  this  trait  of  vour  character  to  know 


250  PIECES  IN  THE  NEWSPAPERS.  [1790 

In  the  evening  I  called  at  the  post-office  on  a  business  of 
Mr.  Zantzingers.  Langdon,  who  lodges  nearly  opposite,  called 
to  me  from  a  window.  I  went  over  and  had  a  long  discourse 
with  him  on  the  subject  of  removing  Congress.  He  wants  to 
make  the  assumption  of  State  debts  the  condition  of  it.  I  was 
guarded  as  to  any  concessions  on  this  subject.  He  avowed  in 
the  most  unequivocal  manner  that  consolidation  of  the  dif 
ferent  governments  was  his  object  in  the  matter ;  that  per 
haps  it  was  against  the  interests  of  his  State  in  particular,  etc. 

This  morning  was  snowy  and  remarkably  cold.  I  have 
used  the  cold  bath  for  two  mornings  past,  and,  I  think,  with 
good  effect.  I  certainly  am  in  better  health,  and  feel  a  very 
great  improvement  of  appetite.  Perhaps  I  must  be  guarded 
as  to  this  point.  The  flesh-brush  I  never  omit.  The  party 
who  went  on  Long  Island  Saturday  week  have  most  of  them 
repented  of  it. 

April  28th. — This  was  really  a  snowy  day.  The  distant 
hills  in  the  evening  were  still  white.  Even  in  the  town  the 
houses  were  white  till  in  the  afternoon.  Three  successive 
snowy  days  at  this  time  of  the  year  appears  extraordinary, 
indeed. 

Childs  this  day  published  a  piece  which  I  contrived  to  get 
into  his  hands.  Neither  he  nor  any  of  the  printers  here  know 
me  to  be  a  writer ;  nor  will  they  know  it  unless  the  Speaker 
or  General  Muhlenberg  should  blow  me :  but  even  then  they 
do  not  know  me  to  be  the  author  of  more  than  two  or  three 
pieces. 

As  we  had  nothing  to  do  in  the  Senate,  Carrol  moved  for 
a  committee  to  consider  what  was  to  be  done  about  Rhode 
Mand,  etc.  One  was  accordingly  appointed.  The  Senate 
adjourned  early,  on  pretense  of  doing  business  in  committees. 
I  went  for  a  while  into  the  House  of  Representatives,  but,  find 
ing  the  debates  unimportant,  I  went  to  settle  some  private 
business,  and  soon  came  home,  where  I  remained  the  rest  of 
the  day.  In  the  evening  had  the  satisfaction  to  receive  letters 
from  home  up  to  the  15th  instant.  All  well. 

April  29th. — Called  to  see  Colonel  Gunn.  He  was  willing 
to  talk,  and  I  had  no  mind  to  interrupt  him.  He  spoke  freely 
relating  to  the  barefaced  conduct  of  King  and  Elsworth  in 


MAYlJ  "TOOLISM."  251 

supporting  any  measure  proposed  by  the  Secretaries.  Indeed, 
tlieir  toolism  is  sufficiently  evident  to  everybody.  He  says  the 
agitating  the  affair  of  Rhode  Island  is  only  to  furnish  a  pre 
text  to  raise  more  troops.  Be  this  as  it  may,  that  Carrol  was 
only  a  tool  in  bringing  it  forward  yesterday  was  sufficiently 
evident.  Gunn  is  going  to  Philadelphia,  and  I  have  arranged 
matters  so  that  he  will  be  taken  notice  of  there. 

Xo  business  was  done  in  the  Senate  but  consenting  to  some 
nominations  sent  down  yesterday,  and  the  Senators  from  Vir 
ginia  laid  a  resolution  on  the  table  for  opening  the  doors  of 
the  Senate  on  the  discussion  of  legislative  subjects. 

April  30th. — A  flood  of  business  came  up  from  the  Repre 
sentatives,  but  none  of  it  was  acted  on  save  the  first  reading  of 
bills  and  appointing  a  committee  to  confer  with  them  on  some 
point  of  order  or  etiquette.  Mr.  Morris  spoke  to  me  as  to  re 
pealing  the  law  or  that  part  of  the  judiciary  about  holding  a 
District  and  Circuit  Court  at  Yorktown.  I  gave  as  my  opinion 
that  it  was  best  to  let  the  other  House  do  it,  as  they  had  in 
troduced  Yorktown ;  and  I  find  Boudinot  has  this  day  carried 
in  a  bill  for  this  purpose.  I  hate  the  whole  of  the  judiciary, 
and,  indeed,  made  no  place  at  first  but  Philadelphia  for  hold 
ing  the  courts.  I  shall  not  therefore  give  them  my  opposition. 
If  a  place  is  hereafter  appointed  for  holding  any  Circuit  Court, 
it,  perhaps,  should  be  Harrisburg. 

Senate  adjourned  over  to  Monday. 

May  1st,  Saturday. — This  is  a  day  of  general  moving  in 
Xew  York,  being  the  day  on  which  their  leases  chiefly  expire. 
It  was  a  finer  day  than  yesterday.  I  could  not  forbear  the 
impulse  of  walking  out.  I  went  for  Mr.  Scott,  but  he  had 
changed  his  lodgings  and  was  not  to  be  found.  Fell  in  with 
Walker  and-  Parker,  of  Virginia.  They  were  coming  to  visit 
our  house.  They  pressed  us  so  hard  for  dinner  that  we  con 
sented.  I  had  not,  however,  walked  far  enough,  and  went  to 
see  Mr.  Wynkoop.  "We  got  again  on  the  subject  of  State 
debt.  I  never  saw  a  man  take  so  much  pains  not  to  see  a 
subject.  It  is,  however,  now  disposed  of,  at  least  for  this 
session. 

I  have  a  letter  from  Dr.  Rush.  He  praises  the  piece  I 
sent  him.  Calls  it  sensible ;  owns  himself  convinced.  His 


252  HAMILTON'S  REPORT  IX  SENATE.  [1790 

words  [were],  u  I  have  erred  through  ignorance  on  this  sub 
ject  "  [State  debts]. 

"With  less  prudence  than  integrity  I  attacked  the  Secre 
tary's  [Hamilton's]  report  the  moment  it  appeared.  When  the 
leading  feature  in  it,  the  assumption  of  State  debts,  was  car 
ried  by  a  majority  of  five  in  the  committee  of  the  whole  Rep 
resentatives,  I  redoubled  my  efforts  against  it ;  and  I  really 
believe  that  by  my  endeavors  it  was  finally  rejected.  I  am 
fully  sensible  that  I  staked  every  particle  of  credit  [popularity] 
I  had  in  the  world  on  this  business,  and  have  been  successful. 
But  let  me  lay  my  account,  never  to  be  thought  of  for  it.  Be 
it  so.  I  have  made  enemies  of  all  the  Secretaries,  and  all 
their  tools,  perhaps  of  the  President  of  the  United  States, 
and  Bonny  Johnny  Adams  for  the  many  pieces  I  have  written. 
"With  all  the  pains  I  have  taken  to  conceal  myself  [the  pieces] 
must  have  betrayed  me  in  one  shape  or  other.  But  I  have  no 
enemy  in  my  own  bosom. 

"Williamson's  coming  in,  and  one  of  his  colleagues,  had  a 
considerable  effect.  When  the  whole  of  the  North  Carolina 
delegation  appeared,  it  settled  the  business.  The  assumption 
would  have  completed  the  pretext  for  seizing  every  resource 
of  government  and  subject  of  taxation  in  the  Union,  so  that 
even  the  civil  list  of  the  respective  governments  would  have 
to  depend  on  the  Federal  Treasury.  This  was  the  common 
talk  of  the  Secretary's  tools. 

We  could  not  resist  the  pressing  invitation  of  Parker  and 
some  Virginians  to  dine  with  them  on  turtle.  All  this  is  not 
worth  a  note,  but  on  the  next  page  are  some  anecdotes  of 
General  Washington. 

No  Virginian  can  talk  on  any  subject,  but  the  perfection 
of  General  Washington  interweaves  itself  into  every  conversa 
tion.  Walker  had  called  at  his  farm  [Washington's]  as  he 
came  through  Virginia.  It  consists  of  three  divisions.  The 
whole  contains  some  ten  or  fifteen  thousand  acres.  It  is  under 
different  overseers,  who  may  be  styled  generals,  under  whom 
are  grades  of  subordinate  appointments  descending  down 
through  whites,  mulattoes,  negroes,  horses,  cows,  sheep,  hogs, 
etc. ;  it  wras  hinted  all  were  named.  The  crops  to  be  put  into 
the  different  fields,  etc.,  and  the  hands,  horned-cattle,  etc.,  to 


MAY  2]  WASHINGTON'S   FARM.  253 

be  used  in  tillage,  pasturing,  etc.,  are  arranged  in  a  roster  cal 
culated  for  ten  years.  The  Friday  of  every  week  is  appointed 
for  the  overseers,  or  we  will  say  the  brigadier-generals,  to 
make  up  their  returns.  Kot  a  day's  work  but  is  noted  ;  what, 
by  whom,  and  where  done ;  not  a  cow  calves  or  a  ewe  drops 
a  lamb  but  it  is  registered ;  deaths,  etc.,  whether  accidental  or 
by  the  hands  of  the  butcher,  all  minuted.  Thus  the  etiquette 
and  arrangement  of  an  army  are  preserved  on  his  farm.  This 
may  truly  be  called  sham-care  ;  but  is  it  not  nature  ?  When 
once  the  human  mind  is  penetrated  by  any  system,  no  matter 
what,  it  can  never  disengage  itself.  Query :  Did  not  tho 
Roman  poet  understand  nature  to  perfection  who  makes  his 
heroes  marshal  their  armies  of  ghosts  in  the  Elysian  fields  ;  and 
spirits  imitate  in  shadows  the  copies  of  their  former  occupa 
tion  ? 

May  2d,  Sunday. — The  fore  part  of  this  day  was  very 
pleasant.  An  east  wind  blew  up  and  deformed  the  afternoon. 
I,  however,  walked  a  good  deal.  I  have  drunk  wine  with  the 
Speaker  at  the  rate  of  about  three  glasses  a  day,  and  I  really 
consider  myself  worse  for  it,  May  be  I  am  mistaken.  I  will 
observe  for  a  day  or  two  longer.  I  bore  this  day  with  more 
impatience  and  have  thought  more  about  my  family  than  any 
other  day  since  I  have  been  in  Xew  York.  I  wrote  as  usual 
to  them  and  sundry  other  acquaintances. 


254:  SALARIES  TO  MINISTERS,  [1790 


CHAPTER  VII. 

SALARIES    AND    TENSIONS. 

3 fay  3d,  Monday. — There  really  was  a  considerable  deal 
of  business  done  in  the  Senate  this  day,  and  would  have  been 
much  more  had  it  not  been  for  an  appeal  that  was  made  to 
the  Chair  for  information  respecting  the  salary  necessary  for 
an  ambassador.  Full  one  half  of  our  time  was  taken  up  in 
two  speeches  on  the  subject  of  etiquette  and  expense  attending 
and  necessary  to  constitute  the  very  essence  of  an  ambassador. 
The  lowest  farthing  should  be  three  thousand  pounds  sterling, 
besides  a  year's  salary  at  setting  out.  Much  of  what  he 
[Adams]  said  bore  the  air  of  the  traveler  ;  in  fact,  I  did  not  be 
lieve  him,  and,  of  course,  voted  in  the  face  of  all  his  informa 
tion.  A  commitment  of  the  bill  was  called  for,  and  I  was, 
contrary  to  my  expectations,  put  on  it,  Another  short  bill 
was  committed,  which  I  really  suspect  is  a  base  job,  calculated 
to  make  a  nest  for  an  individual.  The  spirit  of  the  last  session 
really  was  to  make  offices  for  men,  to  provide  for  individuals 
witlixmt  regarding  the  public  or  sparing  expense.  I  fear  this 
spirit  is  not  yet  laid. 

For  some  time  past  the  Philadelphians  had  been  proposing 
a  weekly  dinner.  Our  former  meetings  sank  into  disuse,  but 
they  are  now  very  urgent,  and  this  day  we  began  the  business. 
Judge  Wilson,  being  a  Pennsylvania!!,  was,  of  course,  invited. 
We  soon  relaxed  into  conviviality,  and,  indeed,  something 
more.  We  expected  something  political  would  be  proposed 
by  Fitzsimons,  and  out  it  came :  "  Gentlemen,  it  is  expected 
of  us  that  we  should  fix  the  Governor  of  Pennsylvania.''  I 
introduced  some  trivial  remarks  of  the  weather,  etc.,  and  the 
thing  was  checked  for  a  time.  Scott,  General  Ileister,  and 


MAY  4]  PENNSYLVANIAX  POLITICS.  255 

General  Mulilenberg  went  away.  It  was  nowr  broached  seri 
ously  by  Fitzsimons.  Morris  made  a  public  declaration  that 
he  was  fully  sensible  of  the  honor  done  him  in  the  present  ap 
pointment,  but  if  the  chair  of  the  Governor  fell  to  him  he 
would  discharge  it  with  impartiality,  etc. ;  that  he  considered 
the  present  Governor  as  a  very  improper  man,  and  hoped  they 
would  create  opposition  to  him.  The  Speaker  declared  him 
self  in  terms  of  a  similar  nature.  The  result  was  this,  that 
their  friends  should  determine  and  that  their  utmost  should  be 
united  to  keep  out  Mifflin.  Mr.  Morris,  by  way  of  finishing 
the  business,  addressed  himself  to  the  Speaker.  "  May  you  or 
I  be  Governor."  There  is  a  prospect  of  Tench  Coxe  succeed 
ing  Duer  in  the  assistancy  of  the  Treasury.  His  character  was 
spoken  of  with  great  asperity  by  Fitzsimons,  Morris,  and  "Wil 
son.  Clymer  rather  supported  him. 

We  got  on  the  subject  of  the  finances  of  Pennsylvania. 
Fitzsimons  asserted  that  our  State  had  drawn  between  two  and 
three  millions  of  dollars  from  the  Continental  Treasury,  and 
that  we  had  not  more  than  four  millions  substantiated  against 
the  Union.  I  hinted  to  him  that  from  anything  I  had  seen 
we  had  not  drawn  more  than  about  a  million  from  the  Conti 
nental  Treasury,  that  Xicholson  had  rendered  accounts  to  the 
amount  of  ten  millions,  and  had  stated  an  unliquidated  charge 
of  five  millions ;  but,  I  added,  let  the  account  be  fairly  settled, 
and  if  we  are  really  in  debt  let  us  pay  it.  AVe  sat  too  long 
and  drank  too  much  ;  but  we  seemed  happy,  and  parted  in 
good  humor. 

jtfciy  J+tlt,  Tuesday. — I  felt  in  some  degree  the  effects  of  the 
bad  wine  I  had  drunk,  for  I  had  a  headache.  Dressed,  how 
ever,  for  the  levee.  I  had  a  card  yesterday  to  dine  with  the 
President  of  the  United  States  on  Thursday.  The  pet,  if  he 
had  any  on  him,  has  gone  off.* 

A  great  deal  of  business  was  done  this  day  in  the  Senate 
in  the  way  of  passing  and  reading  bills,  but  no  debate  of  any 
consequence.  Elsworth  manifested  some  strong  traits  of  ob- 
stinacv. 


*  Referring  to  his  [Mac-lay's]  not  receiving  a  similar  invitation  a  month 
before  when  the  President  gave  a  dinner,  to  which  many  Senators  were 
invited. 


256  COL.   ELY'S  PENSION.  [1790 

Went  to  the  levee,  made  my  bows,  walked  about,  turned 
about,  and  came  out. 

May  5th,  Wednesday. — A  great  deal  of  business  was  done 
in  the  Senate,  but  no  debate  was  entered  on.  The  Rhode 
Island  committee  reported.  The  amount  of  it  was  to  put  that 
State  in  a  kind  of  commercial  Coventry,  to  prevent  all  inter 
course  with  them  by  the  way  of  trade.  I  think  the  whole 
business  premature.  "We  adjourned  early. 

I  went  to  call  on  E.  II.  Lee  and  Mr.  Langdon,  both  of 
whom  are  sick.  Mr.  Hazard,  whom  I  met  in  the  street,  told 
me  Mr.  Langdon  could  not  be  seen.  I  called  on  Lee.  Found 
him  better.  I  now  addressed  myself  to  suit  the  merits  of  a 
bill,  referred  to  myself  and  others,  for  the  allowance  of  forty- 
five  dollars  per  month  to  a  Colonel  Ely,  which,  by  attending  to 
his  accounts  in  the  office  of  the  commissioner  for  army  ac 
counts,  I  find  to  be  a  most  groundless  and  unjust  charge.  A 
petition  of  his  was  referred  to  the  Secretary  of  War,  and  the 
Secretary  of  War  reported  in  his  favor — the  great  Pin  on 
which  so  much  hung. 

The  assumption  of  the  State  debts  having  failed,  every 
other  thing  that  can  be  thought  of  will  be  brought  forward  to 
increase  the  volume  of  the  national  debt.  We  already  re 
jected  in  the  Senate  a  bill  which  appeared  to  me  of  mischiev 
ous  consequences  touching  the  communication  and  half  pay  and 
pensions  of  officers.  It  is  renewed  and  sent  up  to  us.  Baron 
Steuben  is  supported  in  a  demand  of  near  six  hundred  guineas 
a  year.  In  fact,  to  overwhelm  us  with  debt  is  the  endeavor  of 
every  creature  in  office,  for  fear,  as  there  is  likely  to  be  no 
war,  that  if  there  should  be  no  debt  to  be  provided  for  there 
would  be  no  business  for  the  general  government  with  all  their 
train  of  officers.  Henry,  of  Maryland,  expressed  himself  in 
words  full  up  to  the  foregoing  ideas  to  me  a  few  days  ago,  but  I 
spoiled  his  communications  by  expressing  a  wish  of  the  sooner 
the  better.  It  is  remarkable  to  me  at  least  that  he  has  since 
that  time  left  his  usual  seat,  which  used  to  be  near,  and  com 
monly  rambles  from  one  empty  seat  to  another  on  the  opposite 
side  of  the  House.  The  Secretaries  have  had  a  clear  majority 
in  the  House  of  Representatives  on  every  question  save  the 
adoption  of  State  debts.  They  carried  this  at  first,  but  some 


MAY  7]  DINNER  WITH   WASHINGTON.  257 

publications  reminded  the  gentlemen  that  there  was  an  election 
approaching, 

May  6th. — Little  was  done  in  the  Senate  this  day.  Two 
hills  came  up  from  the  House  of  Representatives.  Agreed  to. 
The  Rhode  Island  committee  requested  that  they  might  have 
hack  their  report  to  amend  it.  This  was  complied  with.  Their 
amendment  amounted  to  an  adjournment,  and  I  joined  the 
committee  on  the  bill  for  the  salaries  of  ministers  plenipoten 
tiary,  charge  (T  affaires,  etc.  I  bore  my  most  pointed  testi 
mony  against  all  this  kind  of  gentry ;  declared  I  wished  no 
political  connection  whatever  with  any  other  country  what 
ever.  Our  commercial  intercourse  could  be  well  regulated 
by  consuls,  who  would  cost  us  nothing.  All  my  discourse 
availed  nothing.  The  whole  committee  agreed  with  me  that 
they  were  unnecessary.  Why,  then,  appoint  any  or  make  pro 
vision  for  the  appointment  of  any,  for  so  sure  as  we  make  a 
nest  for  one  the  President  will  be  plagued  till  he  fills  it  ?  We 
agreed  to  the  bill  as  it  stood,  but  I  proposed  twice  to  strike 
out  all  about  ministers  plenipotentiary. 

Went  to  dine  with  the  President  agreeably  to  invitation. 
He  seemed  in  more  good  humor  than  I  ever  saw  him,  though 
he  was  so  deaf  that  I  believe  he  heard  little  of  the  conversa 
tion.  We  had  ladies,  Mrs.  Smith,  Mrs.  Page,  and  Mrs.  White. 
Their  husbands  all  with  them. 

May  7th,  Friday. — The  ailment  called  the  influenza  rages 
to  a  great  degree  all  over  the  city.  I  feel  a  dry  ness  and  sour 
ness  of  my  throat,  and  a  pain  and  heaviness  in  my  head  and 
flying  pains  all  over  my  body,  so  that  I  had  better  be  as  atten 
tive  as  possible  to  my  health. 

Xo  business  of  consequence  done  in  the  Senate.  The 
members  began  to  straggle  about  after  the  minutes  were  read. 
I  called  on  the  committee  who  had  Ely's  bill.  We  sent  for 
Ely,  and  heard  a  peck  of  stuff  from  him,  too  flimsy  to  impose 
even  on  children.  He  may  have  rendered  service  to  the  sick 
on  Long  Island,  but  it  appears  that  his  own  emolument  was 
his  object,  and  he  has  had  this  pretty  completely  answered 
already  by  a  generous  settlement  with  the  State  of  Connecti 
cut. 

On  my  return  into  the  Senate  chamber  one  member  of  it 
17 


258  THE   1XCONVENIENCY   OF   FASHION.  [1790 

only  remained,  sitting  in  a  state  of  ennui.  I  have  remarked 
him  for  some  weeks  past,  and  he  really  affords  a  striking  proof 
of  the  incoiiveniency  of  being  fashionable.  He  set  up  in  a 
coach  about  a  month  ago,  and  of  course  must  have  it  come  for 
him  to  the  Hall.  But  behold  how  he  gets  hobbled  :  the  stated 
hour  for  the  Senate  to  break  up  is  three,  but  it  often  happens 
that  the  Senate  adjourns  a  little  after  twelve,  and  here  a 
healthy  man  must  sit  two  or  three  hours  for  his  coach  to  take 
him  three  or  four  hundred  yards.  This  is  highly  embarrass 
ing,  and  some  excuse  must  be  found  for  his  staying  for  the  car 
riage,  and  he  is  now  lame  and  stays  alone  till  the  carriage 
comes  for  him.  Thus  Folly  often  fixes  her  friends. 

Tench  Coxe  came  this  day  to  town  in  order  (as  he  said)  to 
enter  on  the  assistancy  of  the  Treasury.  He  was  deeply  affect 
ed  with  the  literary  itch,  the  cacocthes  scribendi.  He  has 
persevering  industry  in  an  eminent  degree.  These  are  the 
qualities  that  have  recommended  him  to  this  appointment. 
Hamilton  sees  that  the  campaign  will  open  against  him  in  the 
field  of  publication,  and  he  is  providing  himself  with  gladiators 
of  the  quill,  not  only  for  defense  but  attack. 

May  8th. — I  felt  myself  rather  indisposed,  and  stayed  at 
home  all  this  day.  Drew  a  report  on  the  affair  of  Colonel 
Ely.  Read  and  lounged  away  the  day. 

May  9th,  Sunday. — This  day  I  employed,  as  usual,  in 
writing  to  my  family.  I  spend  my  time  but  miserably  in  ab 
sence  from  them.  I  will,  however,  endeavor  to  make  out  of 
this  lesson.  Colonel  Hartley  returned  to  town  this  day.  What 
a  strange  piece  of  pomposity  this  thing  is  grown !  lie  is,  if 
possible,  more  affected  and  disgusting  than  ever.  He  called 
to  see  us,  but  took  the  Speaker  twice  out  and  kept  him  out 
with  him  almost  the  wrhole  of  the  time  he  was  on  his  visit. 
The  State  [Pennsylvania]  has  really  a  poor  bargain  of  him, 
and  if  she  can  dispose  of  him  at  the  October  sales  [elections] 
she  need  not  care  at  how  lowr  a  rate. 

May  lOth^  Monday. — Attended  the  Hall  at  ten  o'  clock  to 
hear  Colonel  Ely's  witnesses.  He  failed  in  proving  the  points 
he  had  alleged  in  his  favor.  We  spent  some  time  while  the 
Senate  was  engaged  in  business.  When  we  came  in  we  found 
them  on  the  Rhode  Island  resolves.  The  committee  had  been 


MAY  12]  COL.  ELY'S  PENSION.  259 

called  on  to  give  reasons  on  which  they  founded  their  resolu 
tions.  Elsworth  spoke  with  great  deliberation,  often  and  long, 
and  jet  I  was  not  convinced  by  him.  I  saw  I  must,  if  I  fol 
lowed  my  judgment,  vote  against  both  resolutions.  It  was, 
therefore,  incumbent  on  me  to  give  some  reasons  for  my  vote. 
I  observed  that  the  business  was  under  deliberation  in  Rhode 
Island ;  that  the  resolves  carried  on  the  face  of  them  a  punish 
ment  for  rejection,  on  the  supposition  that  they  would  ruin  our 
revenue.  Let  us  first  establish  the  fact  against  them  that  an 
intercourse  with  them  had  injured  our  revenue  before  we  pun 
ish  them  with  a  prohibition  of  all  intercourse.  This  resolution 
I  considered  premature. 

The  other,  for  the  demand  of  twenty-seven  thousand  dol 
lars,  I  considered  as  equally  so.  Let  the  accounts  be  settled, 
and  Rhode  Island  has  a  right  to  be  charged  with  and  has  a 
right  to  pay  her  proportion  of  the  price  of  independence.  By 
the  present  resolutions  the  attack  comes  visibly  from  us.  She 
is  furnished  with  an  apology,  and  will  stand  justified  to  all  the 
world  if  we  should  enter  into  any  foreign  engagements. 

This  was  a  day  of  company  at  our  mess.  The  strangers 
were  Captain  Barry,  Colonel  Moylan,  and  Mr.  Tench  Coxe, 
now  succeeded  to  the  assistancy  of  the  Treasury.  I  could  not 
help  thinking  of  last  Monday,  as  he  sat  in  one  of  the  seats, 
whence  censure  had  been  thrown  on  him  a  week  ago.  I  was 
too  sick  to  enjoy  the  company.  I  could  eat  but  little  and 
drink  nothing. 

May  llth. — The  morning,  or  part  of  it,  spent  on  the  troub 
lesome  affair  of  Colonel  Ely.  The  Rhode  Island  resolutions 
were  taken  up.  I  was  twice  up  against  these  resolutions. 
They  admitted  on  all  hands  that  Rhode  Island  was  independ 
ent,  and  did  not  deny  that  the  measures  now  taken  were  meant 
to  force  her  into  an  adoption  of  the  Constitution  of  the  United 
States ;  and  founded  their  arguments  in  our  strength  and  her 
weakness.  I  could  not  help  telling  them  plainly  that  this  was 
playing  the  tyrant  to  all  intents  and  purposes.  I  was  twice 
up  ;  said  a  good  deal,  but  it  answered  no  purpose  whatever. 

May  12th. — This  day,  as  chairman  of  the  committee  on 
Colonel  Ely's  bill,  I  handed  in  a  report  which  was  dead  against 
Colonel  Ely.  The  report  stated  that  Colonel  Ely  had  sub- 


PARADE  OF  ST.   TAMMANY.  [1790 

niitted  his  case  to  the  Legislature  in  Connecticut ;  that  they 
had  made  him  what  they  considered  as  ample  allowance.  We 
had  the  whole  fire  of  New  England  on  us  for  this  step,  but 
we  supported  the  attack,  and  finally  carried  the  business  hol 
low.  I  would  now  remark,  if  I  had  not  done  it  before,  that 
there  is  very  little  candor  in  New  England  men.  Mr.  Morris 
was  in  most  of  the  time,  and  showed  a  disposition  to  make 
away  from  iny  side  of  the  question.  Surely,  I  had  better  keep 
myself  to  myself  with  regard  to  him.  Wingate,  though  of 
the  committee,  behaved  dirty  on  one  point ;  at  least  I  thought 
so  at  the  time.  It  is  vain  to  be  wasting  paper  with  this  sub 
ject.  Dr.  Johnson  certainly  gave  a  most  improper  certificate 
011  this  subject,  and  one  part  of  it  was  not  true,  viz.,  that  the 
reason  Colonel  Ely  had  not  an  allowance  in  the  old  Congress 
was  this,  not  having  nine  States  when  there  were  eleven  at  the 
time  alluded  to.  I  can  not  keep  some  other  strange  opinions 
out  of  my  head  about  him  and  the  report,  which  can  not  be 
found  now  by  Alden,  his  son-in-law.  The  money  saved  by 
rejecting  this  bill  [is]  $2,025,  or  thereabout. 

This  day  exhibited  a  grotesque  scene  in  the  streets  of  New 
York.  Being  the  old  1st  of  May,  the  Sons  of  St.  Tammany 
had  a  grand  parade  through  the  town  in  Indian  dresses.  De 
livered  a  talk  at  one  of  their  meeting-houses,  and  went  away 
to  dinner.  There  seems  to  be  some  kind  of  scheme  laid  of 
erecting  some  kind  of  order  or  society  under  this  denomina 
tion,  but  it  does  not  seem  well  digested  as  yet.  The  expense 
of  the  dresses  must  have  been  considerable,  and  the  money  laid 
out  on  clothing  might  have  dressed  a  number  of  their  ragged 
beggars.  But  the  weather  is  now  warm. 

Joseph  Thomas  is  the  name  of  the  man  w^ho  has  the  sta 
tistics  at  large — an  unsalable  book.  It  is  found  we  may  occa 
sionally  want  such  a  one.  It  is  true  that  heretofore  we  used 
to  be  supplied  with  this  book  when  we  wanted  it  from  Jay's 
or  some  other  library,  but  it  was  soon  found  to  be  convenient 
(for  the  Yorkers)  that  we  should  take  everything  off  their 
hands,  that  they  can  not  otherwise  dispose  of,  even  to  their 
insolvent  debts. 

May  13th. — This  day  was  remarkably  busy  with  me,  and 
some  singular  occurrences  happened.  As  chairman  of  the 


MAY  13]  AN  EPISODE  WITH   HAMILTON.  201 

committee  on  the  Baron  Steuben's  bill,  I  had  called  on  the 
Commissioner  of  Army  Accounts.  He  had  furnished  me  with 
all  [the  information]  in  his  power.  Finding  that  a  resolve 
had  passed  the  old  Congress  on  the  27th  of  September,  1785, 
giving  him  [Baron  Stenben]  seven  thousand  dollars  in  full,  I 
called  on  Mr.  Kousee,  the  register,  for  the  receipts  given  by 
the  baron  for  this  sum,  which  were  indorsed  on  the  warrants 
or  warrant  given  for  it.  I  had  first  transacted  some  business 
of  my  own.  Mr.  Nousee  was  extremely  polite  and  attentive ; 
took  the  note  or  memorandum  which  I  gave  him,  assured  me 
my  request  should  be  complied  with,  asked  when  I  would  have 
the  papers ;  followed  me  to  the  head  of  the  stairs.  As  I  came 
down-stairs  I  told  him  I  wished  for  them  this  day.  He  said  I 
should  have  them. 

This  was  ten  o'clock.  I  received  between  eleven  and 
twelve,  at  the  Hall,  a  few  lines  from  Mr.  Nousee,  stating  the 
resolves  of  Congress :  that  three  warrants  had  passed  for  the 
payments — one  four  thousand,  the  other  for  two,  and  the  last 
for  one  thousand  dollars ;  that  the  warrants  themselves  were 
deposited  at  the  bank  for  the  Secretary  among  the  papers  of 
the  late  Treasurer  until  a  settlement  could  take  place.  I 
thought  there  was  evasion  on  the  face  of  this  business,  but  I 
concluded  that,  if  Mr.  Hillegas  had  lodged  his  papers  at  the 
bank,  the  key  and  the  care  of  them  must  be  with  some  person  ; 
and  off  I  went  to  the  bank.  I  received  for  answer  that  some 
books,  papers,  or  property  of  that  kind,  were  lodged  at  the 
bank  by  Mr.  Hamilton,  who  had  the  keys  and  the  care  of 
them. 

I  should  have  minuted  that,  as  I  left  the  Hall  in  Wall 
Street,  I  passed  the  Baron  ;  he  on  one  side  and  I  on  the  other. 
I  wished  to  make  him  a  bow,  as  usual,  but  such  an  aspect  he 
wore !  nay,  if  he  had  brought  all  the  gloom  of  the  Black  For 
est  from  Germany  he  could  not  have  carried  a  more  somber 
countenance.  Just  as  I  came  out  of  the  bank-door  I  met 
Hamilton,  and  told  him  what  I  wanted.  He  refused  me  in 
pretty  stiff  terms ;  he  could  not  answer  for  it,  to  open  any 
gentlemen's  papers.  I  told  him  I  would  take  unexceptional 
characters  with  me — the  Speaker  of  the  Eepresentatives.  The 
papers  I  wanted  belonged  to  the  public  and  to  no  private  gen- 


262  AN   EPISODE   WITH  HAMILTON.  [1790 

tlemaii  whatever,  nor  would  it  do  for  him  to  refuse  informa 
tion  to  a  committee  of  Congress.  He  then  said  if  there  was  a 
vote  of  a  committee  for  it  he  would  get  the  papers.  I  told 
him  any  member  of  Congress  had  a  right  to  any  papers  in  any 
office  whatever ;  that  as  chairman  of  the  committee  I  had 
promised  to  procure  what  papers  were  necessary.  I  deemed 
this  necessary,  and  of  course  called  for  it.  He  begged  for  half 
an  hour  to  consider  of  it,  and  he  wrould  write  me  a  note  on  the 
subject. 

I  parted  with  him,  telling  him  I  should  expect  to  hear  from 
him  in  half  an  hour.  He  said  I  should.  This  was  before 
twelve  ;  the  Senate  adjourned  at  one.  I  sat  half  an  hour  longer 
waiting  for  my  note,  but  it  came  not.  I  went  directly  to  the 
Treasury.  The  warrant  to  draw  my  indents  was  delivered  to 
me  with  all  the  pomp  of  official  ceremony.  I  told  young  Kuhn 
that  I  had  further  business  with  the  Secretary  [Hamilton]  ; 
that  he  had  promised  me  a  note,  which  was  not  come  to  my 
hands.  He  returned  to  me,  and  desired  me  to  walk  into  the 
inner  room,  or  rather  to  enter  the  entry  into  a  room  in  the 
other  end  of  the  house.  I  did  so,  and  after  being  admitted 
into  the  sanctum  sanctorum  I  told  his  Holiness  [Hamilton] 
that  he  had  been  good  enough  to  promise  me  a  note  which  was 
not  come  to  my  hands.  He  got  up,  went  out,  and  left  me 
alone  for  a  considerable  time.  Came  in  with  young  Kuhn 
with  him. 

But  now  a  new  scene  opened.  Before  he  went  out  he 
said  the  papers  I  wrarited  were  here.  I  said,  "  What,  here  in 
the  office  V  He  said  yes.  He  now  asked  Kuhn,  before  me, 
"  Do  you  know  of  any  box,  desk,  or  any  place  where  Mr.  II il- 
ligas  kept  the  warrants  '\ "  The  young  man  said  yes,  the  desk 
in  the  other  room  had  them  in  it ;  he  added,  "  If  I  had  them, 
there  was  no  receipt  on  them,  only  '  received  the  contents.-  v 
Hamilton  said  the  desk  was  locked  and  bound  around  with 
tape,  and  Mr.  Hilligas  had  the  key  in  Philadelphia.  I  ex 
pressed  great  surprise  that  Mr.  Hilligas  should  lock  public 
papers  belonging  to  the  Treasury  in  his  private  desk.  Hamil 
ton  affected  to  believe  I  must  [have]  some  censure  on  his  con 
duct.  I  repeated  what  I  said,  and  declared  I  thought  it  very 
strange  of  Mr.  Hilligas  to  do  so,  and  concluded,  "  I  suppose,  then, 


MAY  14]  THE  RHODE  ISLAND  BILL.  263 

I  must  write  to  Mr.  Hilligas  for  to  send  over  the  key  before 
I  could  see  the  papers."  He  said  I  could  not  get  them  other 
wise  ;  and  by  way,  I  believe,  of  getting  me  out  of  the  room, 
told  me  to  come  and  see  the  desk.  I  walked  into  the  room  of 
the  Assistant  Secretary,  and  he  there  showed  me  the  desk  as  he 
said  contained  the  warrants. 

I  need  make  no  comment  on  all  this.  I  think  I  have  his 
history  complete.  A  schoolboy  should  be  whipped  for  such 
pitiful  evasions. 

I  went  to  see  Mr.  Meredith,  but  he  was  out.  Fell  in  with 
Mr.  Fitzsimons.  He  talked  familiarly  with  me.  I  am  tired 
of  minuting  any  more  for  this  day,  but  I  must  note  part  of 
Mr.  Fitzsimons'  discourse.  These  Southern  people  have  a 
matter  much  at  heart,  and  it  is  in  my  power  to  oblige  them. 
They  fear  settlement ;  they  can  not  bear  it ;  they  have  been 
negligent  of  their  accounts,  and  the  Eastern  people  have  kept 
exact  accounts  of  everything  (perhaps,  and  more  than  every 
thing  added.)  This  moment  Hartley,  fine  as  a  lord,  met  us  and 
broke  off  our  discourse.  Some  trifling  chat  engaged  us  for  a 
few  moments,  and  Hartley  parted  from  us.  I  waited  for  him 
[Fitzsimons]  to  take  up  the  discourse  again,  but  he  did  not. 

"\Ye  were  approaching  the  Hall,  where  I  knew  we  would 
part.  I  began  :  "  They  will  want  you  to  support  them  on  the 
discrimination  of  tonnage,  too,  against  the  Xew  England  men  ; 
but  as  they  are  the  people  who  keep  us  here,  by  joining  the 
Xew  England  and  York  votes,  I  have  no  objection  to  see  them 
whipped  with  their  own  rod."  He  seemed  to  enjoy  this 
thought  and  laughed  lieartilv,  but  the  Hall  was  at  hand  and  the 

O  t/   " 

old  subject  lost. 

May  Hth. — The  business  of  most  importance  agitated  this 
day  was  the  Ehode  Island  bill,  which  must  have  had  a  first 
reading  yesterday  when  I  was  out.  I  contented  myself  with 
giving  my  negative  to  every  particle  of  it.  I  knew  I  could 
gain  no  proselytes,  and  that,  as  the  bill  could  not  be  justified 
on  the  principles  of  freedom,  law,  the  Constitution,  or  any 
other  mode  whatever,  argument  could  only  end  in  anger.  Mr. 
Morris  was  one  of  the  warmest  men  for  it,  although  he  knows 
well  that  the  only  views  of  the  Yorkers  are  to  get  two  Sena 
tors  more  into  the  House  on  whose  votes  they  can  reckon  on 


PENNSYLVANIA'S  ACCOUNT.  [1790 

the  question  of  residence.  But  lie  must  think  the  getting  [of] 
Rhode  Island  is  superior  to  all  other  considerations.  The  yeas 
and  nays  were  called,  and  now,  after  the  question  was  taken, 
there  seemed  to  be  a  disposition  for  argument,  and  some  very 
remarkable  expressions  were  used.  Izard  said,  "If  gentlemen 
will  show  us  how  we  can  accomplish  oar  end  l>y  any  means 
less  arbitrary  and  tyrannical,  I  will  agree  with,  them." 

When  we  came  to  the  clause  for  demanding  twenty -five 
thousand  dollars,  Mr.  Morris  said,  "  This  is  the  most  arbitrary 
of  the  whole  of  it,"  The  nays  were  Butler,  Elmer,  Gunn, 
Henry,  Maclay,  Walker,  "Wyngate — seven.  Yeas :  Bassett, 
Carrol,  Dalton,  Elsworth,  Johnson,  Izard,  King,  Langdon, 
Morris,  Strong,  Schuyler,  Read — twelve. 

This  day,  to  my  great  joy,  a  statement  of  the  Pennsylvania 
accounts  came  forward — $10,(>4:2,4()3.ti3  specie  and  $47,010,138 
Continental  money,  liquidated  and  charged  against  the  United 
States  by  our  State,  and  delivered  to  Mr.  White,  the  general 
agent,  and  receipt  taken  for  it  in  due  time,  besides  an  unliqui 
dated  claim  of  five  millions  specie.  I  understood  this  to  be 
the  state  of  our  accounts  at  the  beginning  of  the  session  ;  and 
so  it  seems  to  be  considered  by  all  of  us ;  for  Mr.  Morris,  Mr. 
Clymer,  and  Fitzsimons  used  to  harangue  on  this  subject,  and 
cry  up  that  so  large  an  annual  interest  would  be  due  to  Penn 
sylvania  that  she  would  draw  money  from  the  continent  to  pay 
her  whole  civil  list,  make  her  roads,  build  her  bridges,  and 
open  her  canal.  I  knew  that  Hamilton  was  fool  enough,  at 
one  time,  to  think  that  he  could  make  the  State  governments 
dependent  on  the  General  Government  for  every  shilling.  I 
used  to  oppose  all  this  dream  of  folly,  but  all  at  once  the  State 
debts  must  be  assumed.  It  was  demonstrable  that  this  measure 
would  defeat  all  settlement. 

Now  the  very  gentlemen  who  had  promised  us  such  reve 
nues  from  the  Union  cried  out :  "  Burn  the  books  "  ;  "  No  set 
tlement  "  ;  "  Pennsylvania  is  in  debt ;  she  had  drawn  from  the 
continent  between  two  and  three  millions  of  good  dollars  and 
had  not  substantiated  but  between  four  and  five  millions 
against  the  Union."'  A  mutilated  account  of  but  about  this 
sum  was  actually  exhibited  and  handed  about  by  Clymer  and 
Fitzsimons,  and  an  attack  begun  on  the  Comptroller  about  the 


MAY  IT]  BARON   STEUBEN'S   PENSION.  265 

same  time,  as  if  to  annihilate  his  reputation,  and  turn  him  out 
of  all  employment ;  as  if  it  had  been  foreseen  that  he  was  the 
only  one  who  could  detect  this  management  or  obtain  justice 
for  the  State. 

I'M  May,  Saturday. — Devoted  this  day,  although  I  was 
sick,  to  the  matter  of  removing  to  Philadelphia.  Mr.  Morris 
entertained  me  with  a  long  detail  of  the  difficulties  he  met 
with  in  the  settlement  of  his  accounts.  I  believe  the  clamors 
against  him  make  the  officers  inspect  everything  with  a  jeal 
ous  eye. 

I  really  acted  rather  improperly  in  ranging  about  so  much 
this  day  in  my  bad  state  of  health.  Should  the  effects  of  my 
influenza  increase,  and  I  fall  a  victim  to  my  zeal  for  serving 
the  city  of  Philadelphia,  my  character  would  only  suffer  ridi 
cule,  and  my  dear  family  the  loss  of  their  head.  I  will,  how 
ever,  do  what  I  think  my  duty. 

Called  to  see  the  President.  Every  eye  full  of  tears.  His 
life  despaired  of.  Dr.  MacKnight  told  me  he  would  trifle 
neither  with  his  own  character  nor  the  public  expectation  ;  his 
danger  was  imminent,  and  every  reason  to  expect  that  the  event 
of  his  disorder  would  be  unfortunate. 

May  16th,  Sunday. — I  called  on  Mr.  Morris  to  advise  with 
him  in  some  points  the  little  scheme  we  laid.  Did  not  succeed 
in  b ringing  in  Lee,  of  Virginia,  to  make  our  motion.  Mr. 
Morris  proposed  to  me  to  call  on  him  and  walk  out  of  town 
and  catch  a  dinner.  We  did  so,  and  the  day  was  lost.  I  had 
written  to  my  family  in  the  forenoon.  I  considered  the  day 
as  lost.  Xot  a  sentiment  nor  an  expression  that  touched  the 
heart  or  warmed  the  bosom  with  philanthropic  feelings  or 
vibrated  on  the  strings  of  domestic  joy.  "We  dined  at  one 
Brannoivs,  where  there  were  a  greenhouse  and  some  elegant 
improvements,  but  all  was  a  mere  flutter. 

May  17th,  Monday. — I  was  engaged  this  morning  getting 
documents  and  papers  respecting  the  bill  for  the  granting  the 
Baron  Steuben  seven  thousand  dollars  and  an  annuity  of  two 
thousand  dollars.  I  really  never  saw  so  villainous  an  attempt 
to  rob  the  public  as  the  system  which  has  been  brought  for 
ward  by  the  Secretary  of  the  Treasury.  The  baron's  whole 
accounts  have  been  settled  on  a  liberal  scale  indeed.  An  office 


266  TIIE  RHODE  ISLAND  BILL.  [1790 

was  created,  in  addition  to  liis  rank  as  a  major-general,  for 
which  he  had  additional  pay  and  emoluments.  Seven  thousand 
dollars  over  and  above  were  granted  to  him.  All  these  pay 
ments  he  has  received.  A  mountain  has  been  tortured  to  put 
money  into  his  hands.  The  Secretary  [Hamilton]  has,  how 
ever,  framed  a  system  which  has  as  the  basis  of  it  the  allowing 
him  of  five  hundred  and  eighty  guineas  a  year  *  over  and  above 
all  his  emoluments,  both  as  a  major-general  and  inspector- 
general  of  the  army,  and  interest  calculated  up  to  a  compound 
ratio  on  all  the  balances.  And,  after  all,  he  is  not  able  to  raise 
a  balance  of  more  than  about  seven  thousand  for  the  baron. 
But  all  this  without  the  shadow  of  proof  of  the  baron  ever 
having  had  any  such  office  or  salaries.  However,  if  he  had 
ever  been  possessed  of  them,  he  could  not  have  held  them  and 
served  us  at  the  same  time,  and,  since  he  chose  our  service  and 
our  pay,  we  are  obliged  to  him,  but  we  have  no  right  to  pay 
him  for  what  he  did  not  hold. 

The  baron's  papers  kept  us  of  the  committee  until  after 
three  o'clock,  and,  this  being  club  day,f  I  went  to  dine  with  the 
Pennsylvania  mess.  We  sat  down  to  dinner  half  after  three. 
Eating  stopped  our  mouths  until  about  four,  and  from  that  to 
near  nine  I  never  heard  such  a  scene  of  bestial  badney^:  kept 
up  in  my  life.  Mr.  Morris  is  certainly  the  greatest  blackguard 
in  that  way  I  ever  heard  open  a  mouth.  But  let  me  shut  out 
the  remembrance  of  it  forever. 

May  18th. — Xo  debate  of  any  consequence  arose  this  day 
until  the  Rhode  Island  bill,  which  had  been  recommitted, 
was  reported.  Mr.  Lee  opposed  it  in  a  long  and  sensible 
speech.  Butler  blustered  away,  but  in  a  loose  arid  desultory 
manner.  King,  Elsworth,  Strong,  and  Izard  spouted  out  for 
it.  It  was  long  before  there  was  a  slack.  As  this  was  to  be 
the  last  reading,  and  as  the  yeas  and  nays  would,  in  my  opin 
ion,  be  called,  I  took  what  I  thought  was  new  ground.  The 
bill  had  been  assigned  to  various  motives,  self-defense,  self- 

*  Allowing  twenty-one  English  shillings  to  a  guinea,  this  would  be 
$3,045. 

f  Meaning  the  day  when  the  Pennsylvania  delegation  had  agreed  to  dine 
at  one  house  once  every  week. 

$  A  word,  no  doubt,  in  common  use  at  that  time. 


MAY  19]  WORKING  FOR  THE  RESIDENCE.  267 

preservation,  self-interest,  etc.  I  began  with  observing  that 
the  Convention  of  Rhode  Island  met  in  a  week  ;  that  the  de 
sign  of  this  bill  was  evidently  to  impress  the  people  of  Rhode 
Island  with  terror.  It  was  an  application  to  their  fears,  hop 
ing  to  obtain  from  them  an  adoption  of  the  Constitution,  a 
thing  despaired  of  from  their  own  free-will  or  their  judgment. 
It  was  meant  to  be  used  in  the  same  way  that  a  robber  does  a 
dagger  or  a  highwayman  a  pistol,  and  to  obtain  the  end  desired 
1  >y  putting  the  party  in  fear ;  that  where  independence  was 
the  property  of  both  sides,  no  end  whatever  could  justify  the 
use  of  such  means  in  the  aggressors.  I  therefore  was  against 
the  bill  in  every  point  of  view,  etc.  The  debate  was  long.  I 
was  up  a  second  time,  but  to  no  avail.  The  question  was  put 
at  about  three  o'clock  and  carried.  The  yeas  and  nays  were 
called  and  stood  nearly  as  before,  with  the  addition  of  Mr.  Lee 
in  the  negative. 

I  labored  hard  to  arrange  our  affairs  for  bringing  on  our 
question  of  removing  to  Philadelphia,  and  can  not  help  re 
marking  that  the  Philadelphians  seemed  the  slackest  of  any 
people  concerned  in  the  business.  I  appointed,  warned,  or  I 
know  not  what  well  to  call  it,  a  meeting  of  the  delegation  at 
Clymer  and  Fitzsimons'  lodgings.  Mr.  Morris  and  the  Speaker 
were  all  that  met.  The  Philadelphians  really  threw 'cold  wa 
ter  on  the  business.  Mr.  Morris  twice  proposed  that  it  should 
be  the  new  Congress  that  was  to  meet  in  March  next  that 
should  assemble  in  Philadelphia.  Once  he  got  on  the  subject 
of  Trenton.  Here  he  and  I  rather  clipped.  I  proposed  that 
we  should  all  be  busy  in  the  morning  among  the  members.  I 
engaged  to  call  on  Gurin,  Langdon,  and  Bassett,  and  set  them 
to  work  on  others.  The  form  of  the  resolution  was  agreed  to, 
but  it  all  seemed  up-hill  or  like  a  cold  drag  with  the  Phila 
delphians.  I  hope  one  day  to  be  independent  of  them,  but  this 
is  a  matter  I  must  consult  them  in  now. 

May  19th. — I  ran  this  morning  like  a  foot-boy  from  post  to 
pillar — now  to  Gunn,  then  to  Langdon,  Bassett,  etc.  Lang 
don  refused  to  bring  forward  our  motion,  and  I  then  called  on 
Bassett.  lie  excused  himself.  "With  much  ado  I  got  them  to 
keep  the  motion,  which  I  put  into  their  hands.  Neither  of 
them  would  make  the  motion.  Mr.  Morris  did  not  come  near 


268  WORKING  FOR  THE  RESIDENCE.  [179(f 

the  Senate  chamber  until  after  twelve  o'clock.  I  called  him  out. 
He  said  it  must  be  omitted  this  day.  I  found  I  need  not  op 
pose  him,  and  we  came  into  the  Senate  chamber.  Langdon 
soon  after  came  and  told  us  that  Dalton  objected  to  going  to 
Philadelphia  until  March  next,  and  that  we  must  alter  the 
resolution.  Mr.  Morris  and  Dalton  went  together,  and  Mr. 
Morris  returned  and  told  me  he  had  agreed  with  Dalton  that 
it  should  be  the  first  of  March  next.  Thus  it  is  that  all  our 
measures  are  broken  in  upon,  and,  after  all  the  pains  I  have 
taken,  this  business  will  end  in  smoke. 

The  most  villainous  and  abandoned  speculation  took  place 
last  winter  from  the  Treasury.  Some  resolutions  have  passed 
the  House  of  Representatives,  and  are  come  up  to  us.  King 
and  Dr.  Johnson  and  Strong,  with  many  others,  opposed  these 
resolutions.  In  an  abandoned  and  shameless  manner  this  en 
gaged  the  House  [Senate]  to  three  o'clock.  They  were  com 
mitted,  and  the  House  adjourned. 

General  Ileister  and  Mr.  Buckley  called  on  us  this  evening. 
"We  talked  over  the  affair  of  the  day.  Mr.  "Wynkoop  came  in, 
and  a  kind  of  an  agreement  Avas  made  that  the  Pennsylvanians 
should  meet  to-morrow  at  Clymer  s. 

May  Wih. — I  could  not  attend  at  Clymer's  this  morn 
ing.  I,  however,  saw  the  Speaker  at  the  Hall.  Some  strange 
manoeuvres  have  taken  place.  Jackson,  of  the  President's 
family,*  has  been  with  both  Morris  and  Langdon.  Morris  is 
set  right,  and  Dalton  will  agree  with  us,  but  new  mischief 
has  happened.  Dr.  Elmer  has  crossed  to  the  Jerseys  ;  Patter 
son  is  not  yet  come ;  Few  and  Gunn  are  both  absent,  so  that 
two  States  are  this  day  unrepresented.  I  offered  to  make 
the  motion.  Mr.  Morris,  however,  now  makes  a  point  of 
doing  it ;  but  the  thinness  of  the  Senate  seems  a  good  reason 
for  putting  it  off  for  this  day.  I  can  not  account  for  Jackson 
having  meddled  in  this  business,  or  his  knowing  anything  of 
it  by  any  other  means  than  through  Buckley.  However,  we 
have  got  the  errors  of  yesterday  corrected.  Mr.  Morris  was 
called  out,  and  came  in  with  a  most  joyous  countenance.  "  I 
was  called  out  by  Boudinot,"  said  he,  "  to  make  proposals  to 

*  Meaning  one  of  the  avowed  supporters  of  the  Administration  measures. 


MAY  21]  OX  THE  PAY  OF  SOLDIERS.  269 

me  from  the  Xew  England  men  in  favor  of  Trenton."  I  im 
mediately  told  him  [Morris]  :  "  You  can  not  possibly  make  any 
bargain  by  which  you  will  not  lose  as  much  as  you  can  gain. 
A  bargain  with  the  Eastern  people  is  to  lose  Maryland,  Vir 
ginia,  and  all  southward.  A  Southern  bargain  will,  on  the 
contrary,  lose  all  the  Eastern  interest.  We  must  be  able  to 
declare  upon  honor  that  we  have  no  bargain. 

He  was  a  little  hurt  and  said,  "  Leave  that  all  to  me."  "  Xo, 
sir,  I  will  make  no  bargain !  If  it  is  but  suspected  that  we 
have  a  bargain,  we  are  ruined."  I  was  called  out  and  took  the 
opportunity  of  calling  out  Mr.  Fitzsimons,  and  told  him  of 
Boudinot's  being  in  treaty  with  Mr.  Morris,  and  begged  him 
to  counteract  everything  of  this  kind.  He  promised  that  he 
would. 

The  Senate  got  into  a  long  debate  on  the  resolves  relating 
to  arrears  due  to  the  Virginia  and  Xorth  Carolina  lines  of  the 
army  in  1782-'83,  wliich  have  been  made  the  subject  of  an 
abandoned  speculation.  The  report  had  an  addition  of  Els- 
worth's,  calculated  as  much  as  possible  to  favor  the  speculation. 
It  was  debated  to  three  o'clock,  and  adjourned. 

Elsworth  is  really  a  man  of  ability,  and  it  is  truly  surpris 
ing  to  me  the  pains  that  he  will  display  to  varnish  over  villainy 
and  to  give  roguery  effect  without  avowed  license.  I  can  see 
him  warping  over  in  the  case  of  the  baron  [Steuben's  extra 
pension  case]  to  get  a  sum  of  money  on  his  account,  or 
rather  only  in  his  name,  which  would  sink  immediately  into 
the  jaws  of  Hamilton  and  his  crew. 

^Ltuj  31st. — And  now  again  Elmer  j.s  absent,  and  Patterson 
is  not  returned ;  and  Mr.  Morris  thinks  the  motion  had  not  best 
be  made  until  they  return,  so  one  day  more  is  lost. 

I  spent  a  good  deal  of  time  on  the  affair  of  the  Baron 
Steuben,  got  the  report  agreed  to,  and  now  the  debate  of  the  day 
came  on  respecting  the  resolutions,'*  or  rather  the  amendment 
offered  to  the  last  one.  The  amendment  was  supported  by  King, 
Elsworth,  Dr.  Johnson.  Izard,  and  others.  Lee  answered  them. 
Toward  the  end  of  all  the  debate  I  rose  and  explained  the 

*  Relative  to  the  troops  of  Virginia,  Xorth  and  South  Carolina,  who  were 
entitled  to  arrears  of  pay. 


270  ON  THE  PAY  OF  SOLDIERS.  [1790 

reason  of  the  resolves,  that  they  regarded  the  sums  due,  the 
places  in  which  the  payments  were  to  be  made,  and  wiiat  kind 
of  transfers  wTere  to  be  considered  as  valid.  All  this  was  di 
rectory  to  our  own  officer,  and  had  nothing  to  do  with  the  pro 
ceedings  of  courts.  Soldiers  had  entered  into  contracts,  the 
resolves  before  the  Chair  defaced  writings  or  tore  the  seals 
from  obligations,  and  the  law  was  open.  The  directions  were, 
moreover,  in  conformity  with  the  laws  of  North  Carolina,  one 
of  the  States  whose  citizens  were  concerned ;  that  the  present 
amendment  was  a  modification  of  the  resolution  to  protect  the 
interest  of  the  late  speculation.  The  reason  offered  for  it  was 
that  probably  some  innocent  person  might  suffer.  I  did  not 
believe  this  was  possible.  I  would  cheerfully  agree  that  it 
was  better  ten  guilty  should  escape  than  one  innocent  suffer, 
but  no  innocent  man  was  privy  to  this  business.  The  soldiers 
knew  nothing  of  the  matter.  The  speculators  know,  and  they 
only  know,  in  whose  hands  the  lists  were  lodged,  for  the 
soldiers,  having  received  their  final  settlements  since  the  service 
was  performed,  concluded  that  nothing  more  could  remain  due, 
etc.  The  question  was  put  and  the  amendment  lost — ten  for, 
twelve  against.  The  question  was  now  put  on  the  third  reso 
lution  and  carried — thirteen  and  nine.  King,  however,  and  a 
number  of  gentlemen  called  for  the  yeas  and  nays.  Yeas : 
Bassett,  Butler,  Carrol,  Few,  Gunn,  Hawkins,  Johnson,  Henry, 
Lee,  Maclay,  Read,  Walker,  Wyngate.  Nays :  Dalton,  Elsworth, 
Johnston,  Izard,  King,  Langdon,  Morris,  Strong,  Schuyler. 

Now  a  new  whim  came  into  their  heads,  and  they  would 
have  the  yeas  and  nays  on  the  former  question.  They  were 
told  that  it  was  out  of  order.  However,  they  had  them,  and 
now  Mr.  Butler  voted  for  the  amendment,  lest  he  should  lose 
his  interest  at  the  Treasury,  and  of  course  we  were  tied,  eleven 
and  eleven.  But  for  once,  in  my  opinion,  our  Vice-President 
voted  right,  and  gave  it  against  the  amendment. 

May  82d. — Being  Saturday,  and  no  Congress,  I  got  a  horse 
and  rode  out.  Came  home  about  noon,  prodigiously  tired,  in 
deed.  The  little  exercise  I  have  taken  for  the  last  three  or 
four  months  makes  me  almost  sink  under  it.  I  went  to  bed 
and  slept  about  an  hour,  and  rose  much  refreshed. 

In  the  evening  a  large  number  of  gentlemen  called  at  our 


MAY  24]  THE  PHILOSOPHY   OF  DRESS.  271 

house.  My  barber  had  disappointed  me  in  the  morning.  I 
was  rather  in  deshabille,  but  came  down-stairs.  Although  I  am 
not  in  the  least  given  to  dress,  jet  I  found  that  I  was  on  this 
occasion  below  par ;  and  to  know  that  any  point  about  one  is 
deranged  or  improperly  adjusted,  imparts  an  awkward  air  to 
one.  It  is  on  this  account,  more  than  any  other,  that  a  pro 
priety  of  dress  should  be  attended  to.  To  suspect  that  your 
company  believes  anything  wrong  about  you  distresses  a 
modest  man.  Of  the  company  was  Mr.  Fitzsimons.  He  took 
me  by  the  hand  and  said : 

u  To-morrow,  at  nine  o'clock,  I  wish  to  meet  you  and  the 
Speaker." 

May  23d. — It  was  near  ten  when  I  wTas  called  down  on 
the  coining  of  Fitzsimons.  He  had  been  some  time  with  the 
Speaker.  We  had  considerable  loose  talk  on  the  subject  of  the 
removal  of  Congress.  But  Fitzsimons,  after  some  time,  de 
clared  that  was  not  the  business  on  which  he  came.  It  was  to 
settle  something  as  to  the  government  of  Pennsylvania.  Who 
should  be  run  for  the  Chair  of  it  at  the  next  election  ?  He 
spoke  of  the  dignity  of  the  Speaker's  present  place,  and  the 
certainty  of  his  continuance  in  it.  It  was  evident  that  he 
wished  the  Speaker  to  decline.*  The  Speaker  said,  "  Very 
well,  I  will  give  you  an  answer  to-morrow  morning." 

Xothing  remarkable  happened  this  day.  I  wrote  to  my 
dear  family,  as  usual. 

May  ^^th. — I  dressed  and  went  early  to  work.  Called  on 
R.  II.  Lee,  of  Virginia,  on  Walker,  and  Dr.  Elmer.  After 
Senate  met  I  reported  the  amendment  cai  the  Baron  Steuben 
bill.  It  was  the  opinion  of  the  committee  that  he  should  have 
an  annuity  of  one  thousand  dollars.  There  never  was  so  vile 
and  barefaced  a  business  as  this.  It  is  well  known  that  all  he 
would  get  would  immediately  sink  into  the  hands  of  Hamilton. 
It  lay,  however,  over  for  to-morrow.  Some  business  came  up 
from  the  Eepresentatives. 

And  now  Mr.  Morris  rose  and  made  the  long-expected  mo 
tion  in  the  following  words :  "  Resolved,  That  Congress  shall 
meet  and  hold  their  next  session  in  the  city  of  Philadelphia." 

*  The  nomination  for  Governor  of  Pennsylvania. 


272  DEBATE  ON  THE  RESIDENCE.  [1790 

Langdon  seconded  the  motion.  A  dead  pause  ensued.  Our 
Yice-Presideiit  asked  if  we  were  ready  for  the  question.  Gen 
eral  Schuyler  got  up  and  hoped  not,  as  it  was  a  matter  of  great 
importance  to  move  the  seat  of  government.  He  moved  a 
postponement.  Mr.  Morris  said,  "  If  the  gentleman  will  name 
to-morrow,  he  had  no  objection,"  and  to-morrow  was  accord 
ingly  named  for  it.  The  Senate  soon  after  adjourned,  and  now 
Izard,  Butler,  Dr.  Johnson,  Schuyler,  and  King  flew  about. 
The  people  they  mostly  attacked  were  Governor  Johnston, 
Hawkins,  and  Gunn.  I  soon  left  them  and  came  home. 

But  this  was  mess-day,  and  I  went  at  half -past  three  and 
found  the  company  already  seated  and  the  dinner  almost  eaten 
up.  I  could  not  stay  long,  as  we  had  an  appointment  with 
Jefferson,  the  Secretary  of  State,  at  six  o'clock.  When  I  came 
to  the  Hall,  Jefferson  and  the  rest  of  the  committee  were 
there.  Jefferson  is  a  slender  man  ;  has  rather  the  air  of  stiff 
ness  in  his  manner  ;  his  clothes  seem  too  small  for  him  ;  he  sits 
in  a  lounging  manner,  on  one  hip  commonly,  and  with  one  of 
his  shoulders  elevated  much  above  the  other ;  his  face  has  a 
sunny  aspect ;  his  whole  figure  has  a  loose,  shackling  air.  He 
had  a  rambling,  vacant  look,  and  nothing  of  that  firm,  collected 
deportment  which  I  expected  would  dignify  the  presence  of 
a  secretary  or  minister.  I  looked  for  gravity,  but  a  laxity  of 
manner  seemed  shed  about  him.  He  spoke  almost  without 
ceasing.  But  even  his  discourse  partook  of  his  personal  de 
meanor.  It  was  loose  and  rambling,  and  yet  he  scattered 
information  wherever  he  went,  and  some  even  brilliant  senti 
ments  sparjded  from  fyim.  The  information  which  he  gave  us 
respecting  foreign  ministers,  etc.,  was  all  high-spiced.  He 
had  been  long  enough  abroad  to  catch  the  tone  of  European 
folly.  He  gave  us  a  sentiment  which  seemed  rather  to  savor 
of  quaintness  :  "  It  is  better  to  take  the  highest  of  the  lowest 
than  the  lowest  of  the  highest."  Translation  :  "  It  is  better  to 
appoint  a  charge  with  a  handsome  salary  than  a  minister 
plenipotentiary  with  a  small  one."  He  took  his  leave,  and 
the  committee  agreed  to  strike  out  the  specific  sum  to  be 
given  to  any  foreign  appointment,  leaving  it  to  the  President 
to  account,  and  appropriated  thirty  thousand  dollars  generally 
for  that  purpose. 


MAY  26]  BARON  STEUBEN'S  PENSION.  273 

May  %5th. — This  day  again  I  was  engaged  in  the  main 
business.  Called  on  sundry  of  the  members.  The  Yorkers 
are  now  busy  in  the  scheme  of  bargaining  with  the  Virginians, 
offering  the  permanent  seat  on  the  Potomac  for  the  temporary 
one  in  New  York.  Butler  is  their  chief  agent  in  this  busi 
ness.  Walker,  a  weak  man,  seems  taken  off  by  it.  Patterson, 
however,  is  not  yet  come. 

Baron  Steuben's  business  was  taken  up.  The  committee 
were  called  on  to  give  the  reasons  of  their  report.  As  I  was 
chairman,  I  had  to  take  the  lead.  I  knew  there  was  blame 
ready  to  fall  on  us.  I,  however,  did  not  decline  the  business, 
but  laid  down  the  outlines  in  as  strong  colors  as  I  thought 
consistent  with  truth  :  that  those  who  came  after  me  might  not 
be  bashful,  and  thus  taking  scope  enough  for  them  to  act  in. 
I  thought  I  took  many  of  the  Senate  with  me ;  some  I  knew 
it  was  impossible.  In  fine,  I  thought  demonstration  was  on 
our  side ;  that  the  baron  could  demand  nothing.  Izard  is  cer 
tainly  a  bad  man  in  grain.  He  drew  conclusions  that  were 
obviously  wrong,  indeed,  to  his  own  party.  Even  Butler  dis 
owned  his  reasons  ;  but  he  was  for  doing  the  same  thing  with 
out  a  reason.  Elsworth  got  up  and  spoke  exceedingly  well  for 
more  than  an  hour.  He  was  severe  in  some  of  his  strictures, 
but  I  was  pleased  to  hear  him.  The  debate  lasted  until  past 
three  o'clock,  and  an  adjournment  took  place  without  any 
question.  One  object  of  the  delay  was  to  put  off  our  question 
on  the  residence. 

May  86th,  Wednesday. — This  day  may  be  considered  by 
me  as  an  unlucky  one.  Last  night  I  rested  but  poorly,  owing, 
I  believe,  to  a  rheumatic  fever.  My  short  slumbers  were  much 
interrupted  by  fanciful  appearances  of  warriors  passing  by  in 
nights  or  gliding  along.  I  really  have  no  faith  in  dreams,  but, 
ever  since  I  was  plagued  with  this  kind  of  fabling  during  my 
distress  on  board  the  sloop  Swallow,  I  can  not  help  considering 
such  illusions  as  unfortunate. 

The  baron's  [Steuben]  bill,  as  it  was  called,  was  taken  up. 
Perversion  of  reason,  perversion  of  principle.  The  world 
turned  upside  down  only  could  justify  the  determinations. 
But  the  cabals  of  the  Secretary  [Hamilton]  were  successful, 
and  the  baron's  bill  was  triumphant.  I  put  a  question  to 
18 


274  ON  THE  PERMANENT  RESIDENCE.  [1790 

myself  whether  there  was  on  the  face  of  the  earth  a  delibera 
tive  body  that  could  possibly  depart  further  from  the  princi 
ples  of  justice  and  a  regard  to  the  public  welfare.  None, 
none,  answered  every  faculty  about  me.  But  the  fact  is,  that 
every  officer  of  the  Treasury  has  embarked  in  this  business 
with  the  warmth  of  solicitors.  John  Adams  gave  twice  the 
casting  vote  in  this  business.  I  really  felt  a  disposition  to 
take  a  lamentation  over  human  frailties. 

But  after  this  was  done,  Mr.  Morris  called  for  his  motion. 
If  he  really  intended  to  lose  it,  he  could  not  possibly  have 
taken  a  more  certain  method.  He  rose,  laughing  heartily 
every  time  he  got  up.  King  laughed  at  him,  and  he  laughed 
back  at  King,  and  a  number  more  joined  in  the  laugh.  This 
was  truly  ridiculous.  Few,  Butler,  and  King  rose,  and  the 
amount  of  all  they  said  was  that  a  removal  was  inconvenient ; 
that  Philadelphia  was  not  central ;  if  we  once  got  into  it  we 
would  be  accommodated  in  such  a  manner  that  we  would 
never  leave  it,  etc. 

I  replied  that  a  removal  was  not  called  for  immediately  by 
the  resolution ;  that  the  next  session  of  Congress  was  to  meet 
in  Philadelphia ;  that,  although  it  was  not  central,  it  was  more 
so  than  the  place  where  we  were  now.  The  universal  consent 
of  the  provinces,  before  we  were  States,  and  of  the  States 
since,  was  in  favor  of  Philadelphia.  This  was  verified  by 
every  public  assembly  which  had  been  called,  from  the  meet 
ing  of  the  first  Congress  down  to  the  late  meeting  of  the  Cin 
cinnati  ;  that  the  arguments  drawn  from  the  conveniences  of 
Philadelphia,  and  the  insinuations  that  if  we  were  once  there 
nobody  would  ever  think  of  going  away  from  it,  I  thought 
were  reasons  which  should  induce  us  to  embrace  this  place, 
which  would  come  so  completely  up  to  our  wishes.  I  begged 
gentlemen,  however,  to  be  easy  on  that  subject.  Philadel 
phia  was  a  place  they  never  could  get  as  a  permanent 
residence.  The  government  [of  Pennsylvania]  neither  would 
nor  could  part  with  it.  It  was  nearly  equal  to  one  third 
of  the  State  in  wealth  and  population.  It  was  the  only 
port  belonging  to  the  State.  It  was  excepted  by  the  Govern 
ment  in  her  offers  to  the  Congress ;  that  in  such  a  place 
the  deliberations  of  Congress  on  the  subject  of  the  perma- 


MAY  27]  ON  THE  PERMANENT  RESIDENCE.  275 

nent  residence  could  be  carried  on  to  the  greatest  advantage, 
etc.,  etc. 

I  was  up  a  second  time,  but  to  no  purpose.  A  postpone 
ment  was  moved  by  Butler  and  seconded  by  Gunn.  For  the 
question  of  postponement :  Strong,  Dalton,  Johnson,  Elsworth, 
King,  Schuyler,  Patterson,  Hawkins,  Johnston,  Butler,  Izard, 
Few,  Gunn — thirteen.  Our  side  :  Langdon,  Wyngate,  Elmer, 
Morris,  Maclay,  Read,  Bassett,  Carrol,  Henry,  Lee,  Walker — 
eleven. 

May  27th. — Mr.  Morris  went  off  yesterday  in  company 
with  King,  and  I  really  thought  there  was  too  much  levity  in 
his  conduct  all  through.  I  really  suspected  that  he  did  not 
treat  the  matter  with  sufficient  seriousness.  This  day  he 
showed  a  violent  disposition  of  anger,  cursed  and  swore  that 
he  would  go  anywhere,  but  insisted  on  withdrawing  the  mo 
tion.  I  could  not  readily  agree  with  him  as  to  the  propriety 
of  withdrawing  the  motion,  but  he  swore  he  would.  Butler 
rose  and  said  he  gave  notice  that  he  would  bring  in  a  bill  on 
Monday  next  to  establish  the  permanent  residence.  Mr.  Mor 
ris  jumped  up  in  haste  and  moved  for  leave  to  withdraw  his 
motion.  Langdon  agreed.  There  wras  some  demur,  but  the 
question  was  carried. 

Xow  the  baron's  [Steuben's]  bill,  as  we  have  called  it,  was 
taken  up.  If  the  fate  of  the  Union  had  depended  on  it,  it 
could  not  have  been  more  pertinaciously  adhered  to.  Elsworth 
persevered  and  cut  King  in  argument  more  severely  than  ever 
I  heard  any  member  of  the  Senate  heretofore.  King  felt  it, 
and  I  confess  I  enjoyed  it.  Butler,  by  one  of  those  eccentric 
motions  for  which  he  is  remarkable,  flew  his  party  and  voted 
on  our  side.  Good  God,  what  a  consternation !  I  observed 
him  rising,  and  said  aloud,  u  It  is  carried." 

The  whole  day  was  spent  in  a  contest  between  the  Secre 
tary's  [Hamilton]  tools  and  the  independent  part  of  the  House. 
As  the  arguments  were  nearly  the  same  on  every  question,  it 
is  in  vain  to  repeat  them.  Bonny  Johnny  Adams  took  un 
common  pains  to  bias  us,  without  effect.  I  voted  uniformly 
against  allowing  him  [Baron  Steuben]  one  farthing,  as  I  was 
convinced  nothing  was  due  him.  I  can  not  help  noting  John 
Adams'  foolish  speech.  In  extolling  the  baron  he  told  us 


276  BARON  STEUBEN'S  SERVICES.  [1790 

that  he  (the  baron)  had  imparted  to  us  the  arts  and  principles 
of  war,  learned  by  him  in  the  only  school  in  the  world  where 
they  were  taught,  by  the  great  King  of  Prussia,  who  had  copied 
them  from  the  ancient  Greek  and  Roman  lessons ;  and  that, 
in  fine,  to  these  arts  and  principles  we  owed  our  independence. 
Childish  man  to  tell  us  this,  when  many  of  our  sharpest  con 
flicts  and  most  bloody  engagements  had  terminated  fortunate 
ly  before  ever  we  heard  of  the  baron. 


MAY  30]  THE  PERMANENT  RESIDENCE.  277 


CHAPTEK  VIII. 

THE   PEKMANENT   RESIDENCE. 

May  £Sth. — This  day  we  had  expectations  that  the  House 
of  Representatives  would  have  brought  on  the  vote  for  ad 
journment  to  Philadelphia,  but  the  day  passed  without  any 
thing  being  done.  No  debate  of  any  consequence  in  the  Sen 
ate.  I  felt  exceedingly  indisposed  in  the  fore  part  of  the  day, 
and  dreaded  going  into  company.  The  Speaker  entertained. 
I,  however,  joined  them  and  drank  a  few  glasses,  and  felt 
much  better ;  but  I  must  note  how  my  feelings  will  be  to 
morrow. 

May  29th,  Saturday. — Can  not  complain  of  my  health. 
I  stayed  in  all  day.  It  was  raw  and  inclining  to  rain ;  almost 
too  cold  to  be  without  fire.  I  was  dull  and  heavy.  In  the 
evening  received  a  note  to  dine  with  Colonel  Gunn  to-morrow. 

May  30th,  Sunday. — I  rested  but  badly  last  night ;  had 
ugly  dreams.  Am  to  dine  out  this  day.  I  had  best  be  careful 
and  attentive.  How  idle  this  idea  !  Dreams  are  but  fallacious 
things.  I  have  dined  out  and  have  met  with  no  disaster.  I 
had  one  strange  dream  of  seeing  a  man  fall  from  a  place  like 
a  saw-mill.  I  thought  the  mill  was  mine,  yet  it  differed  from 
my  mill  at  Sunbury.  What  a  heap  of  idleness  !  My  head 
ached,  hence  I  suppose  my  dreams.  The  man  was  not  killed. 
A  dead  child  plagued  me  at  another  time.  I  have  really  little 
to  do,  or  I  would  not  note  all  this  down. 

Last  night  Fitzsimons  and  Clymer  called  on  us.  They 
agreed  to  call  on  Goodhue,  Gilman,  Huntingdon,  and  some 
other  of  the  New  England  men,  and  tell  them  calmly  that  the 
Pennsylvanians  would  not  stay  in  New  York  ;  that  if  they  of 
New  England  would  persist  in  voting  for  New  York,  the 


278  ELSWORTH  CONTRADICTS  JOHN  ADAMS.  [1790 

Pennsylvanians  would  agree  to  any  other  place  whatever  ;  and 
from  here  they  would  go.  Fitzsimons  and  Clymer  were  ap 
pointed  for  this  service.  I  readily  agreed  to  join  Mr.  Morris 
in  a  similar  service  with  respect  to  the  Senate. 

May  31st,  Monday. — Went  early  out  to  call  on  sundry 
members,  and  try  to  prepare  them  for  the  grand  question. 
Came  to  the  Hall  at  the  usual  time.  The  bill  for  intercourse 
with  foreign  nations  came  up  from  the  Representatives  with 
an  insistence.  Both  Houses  having  insisted,  it  remained  for 
us  to  recede  or  call  for  a  conference.  It  ended  in  a  con 
ference.  A  considerable  debate,  however,  or  rather  deliv 
ery  of  sentiments,  took  place.  Elsworth,  in  a  slow,  languid 
manner,  said  it  was  easy  to  see  that  the  Representatives 
had  in  view  some  old  regulations  by  their  insisting  on  the 
nine  thousand  dollars  ;  that  formerly  the  business  had  been 
done  by  some  gentlemen  for  about  six  thousand  dollars  per 
annum. 

Mr.  Adams  jumped  up ;  said  that  could  not  be ;  that  he 
had  kept  the  accounts  with  his  own  hand  at  Paris,  and  they 
amounted  to  about  three  thousand  guineas  yearly.  He  had 
now  a  vast  deal  to  say.  When  he  had  done,  Elsworth  took  a 
small  paper  out  of  his  pocket ;  said  he  was  very  willing  to 
show  the  document  from  which  he  had  spoken.  Here  was  an 
abstract  of  the  accounts  of  the  honorable  Vice-President  while 
he  was  in  Paris,  and  all  the  particulars  for  twenty  months, 
amounting  to  ninety -eight  hundred  dollars,  which  was  not 
more  than  at  the  rate  of  six  thousand  dollars  per  annum. 
Adams  appeared  cut.  The  fact  was,  that  he  was  found  lying, 
as  they  all  have  been  on  that  subject. 

Now  Butler  rose  and  had  a  good  deal  to  say  on  the  merits 
of  the  permanent  residence,  and  concluded  with  asking  leave 
to  bring  in  a  bill  for  a  permanent  and  temporary  residence. 
Lee  made  a  long  speech.  I  felt  so  much  interested  that  I 
could  not  help  rising.  I  observed  that  fixing  the  permanent 
residence  to  a  future  period  would  work  no  relief  of  present 
inconveniences  ;  that  the  complaints  were  felt  and  well  founded 
as  to  the  place  in  which  we  now  were ;  that  the  gentleman 
had  given  notice  some  days  ago  that  he  would  offer  a  bill  for 
the  permanent  residence.  He  now  added  the  temporary  resi- 


JUNE  1]  THE  TEMPORARY  RESIDENCE.  279 

clence,  etc.  The  end  of  the  matter  was,  that  he  delivered  us 
his  bill.  I  could  almost  curse  Mr.  Morris  for  having  left  me 
at  such  a  time. 

June  1st. — I  called  early  this  morning  on  Fitzsimons  and 
Clymer.  I  told  them  that,  all  things  considered,  I  thought  it 
best  in  me  to  endeavor  to  postpone  Butler's  bill.  They  both 
approved  of  it. 

I  went  to  the  Hall  to  observe  the  members  as  they  came 
in.  Langdon  was  there.  He  certainly  manifested  something 
which  I  thought  singular  in  his  manner.  If  I  had  not  had 
such  strong  proofs  of  him  heretofore,  I  would  have  suspected 
him.  He  desired  me  to  assure  the  two  members  of  Massachu 
setts  that  there  was  no  bargain  with  the  Virginians.  I  told 
him  I  would  do  anything  he  requested,  and  I  did  so. 

The  Senate  met.  I  considered  myself  as  among  wolves, 
with  only  neutral  characters  to  support  me.  The  Vice-Presi 
dent  was  hasty  enough  to  take  up  Butler's  bill.  Butler  abso 
lutely  spoke  against  taking  it  up  at  all,  as  he  said  he  was 
afraid  of  a  difference  arising  between  the  two  Houses  The 
word  "  agreed  !  "  "  agreed  !  "  was  heard  from  different  parts 
of  the  House.  I  really  felt  happy. 

A  message  was  received  from  the  President,  and  some 
other  trifling  business  done.  There  was  some  small  talk  and 
communications  which  I  did  not  mind.  But  all  at  once  the 
Yice-President  began  to  read  the  bill  [as  to  the  temporary  and 
permanent  residence  of  Congress].  I  wished  much  for  some 
body  else  to  begin  an  opposition,  and  was  determined  to 
throw  myself  along  with  them,  let  them  mold  their  attack  as 
they  would.  Mr.  Read  spoke  against  proceeding  on  the  bill, 
but  made  no  motion.  Butler  got  up  and  moved  that  the 
bill  should  be  committed.  Gunn  seconded.  Mr.  Carrol  said 
there  could  be  no  use  in  committing  it.  I  said  that  the  hon 
orable  gentleman  had  set  out  with  declaring  that  he  wished  to 
avoid  any  differences  with  the  other  House.  Xone  of  us 
could  affect  ignorance  of  what  had  passed  in  the  House  of 
Representatives  yesterday.  A  vote  had  passed  for  the  meet 
ing  of  the  next  session  at  Philadelphia ;  that  we  might  every 
moment  expect  our  door  to  be  opened  for  the  receipt  of  such 
a  communication.  For  us,  therefore,  to  adopt  a  different 


280          THE  PENNSYLVANIANS  PREPARE  TO  VOTE.         [1790 

mode  of  treating  the  same  subject  would  have  the  appearance 
of  courting  a  difference,  etc. 

Butler  got  up  in  reply  and  said  every  insulting  thing  in  his 
power.  I  had  concluded  that  I  thought  it  best  that  the  bill 
should  lie  on  the  table  until  the  resolution  came  up  [i.  e.,  from 
the  House  of  Representatives],  and  that  they  should  be  con 
sidered  at  the  same  time.  This  took  place,  after  a  good  deal 
of  talk.  It  was  remarkable  that  tjlie  resolution  came  up  just 
as  Butler  began  to  rail  at  me.  The  Senate  adjourned  early, 
and  soon  after  in  came  Mr.  Morris,  covered  with  sweat 
and  dust. 

June  £d. — I  went  early  this  morning  to  meet  our  delega 
tion  and  to  inculcate  this  doctrine  on  our  Representatives  : 
that  in  all  cases  we  should  be  prepared  for  the  worst,  and  that 
we  should  now  think  of  the  next  step  to  be  taken  in  case  of 
the  worst  happening  in  our  House  [Senate]  ;  that  a  conduct 
of  this  kind  would  keep  the  matter  alive ;  keep  the  party  in 
spirits  and  collected.  They  admitted  the  principle,  but  seemed 
at  loss  for  the  means.  I  hinted  the  propriety  of  bringing  for 
ward  a  resolution  naming  the  day  of  adjournment  and  the 
time  of  meeting.  Fitzsimmons  and  Morris  (all  that  were  pres 
ent)  seemed  to  carp  at  it.  However,  I  told  them,  "  I  only 
urge  you  to  think  of  and  provide  your  next  step."  In  the 
course  of  this  short  chat  with  them  I  had  room  to  remark  that 
I  can  not  be  on  terms  of  confidence  with  these  people.  A 
hint  was  dropped  that  I  had  better  be  at  the  Hall.  I  readily 
agreed,  and  went  there.  I  could  see,  as  the  members  came  in, 
that  we  had  nothing  to  expect  from  North  Carolina,  South 
Carolina,  Georgia,  nor  Massachusetts. 

The  Senate  met,  and  waited  and  waited  for  Mr.  Morris.  I 
never  wished  for  him  more  in  my  life.  I  saw  now  that 
Butler's  bill  would  be  committed,  and  I  wished  to  arrange 
something  of  a  ticket  for  the  committee.  Several  of  the  Sen 
ate  asked  why  I  did  not  send  for  him  [Morris].  I  went  out 
and  desired  the  doorkeeper  to  go  for  him.  Mather  [the  door 
keeper]  answered,  "  I  have  sent  for  him  long  ago."  It  was 
past  twelve  before  he  came,  and  we  now  went  at  the  business. 
(I  can  not  help  asking  myself  in  this  parenthesis  what  Mr. 
Morris  could  possibly  mean  by  this  conduct.  Indeed,  I  ask 


JUNES]  THE  DIVISION  OF  STATES.  281 

how  he  can  account  for  his  going  away  last  week,  or  many 
other  parts  of  his  conduct.  It  is  most  certainly  his  interest  to 
take  Congress  to  Philadelphia.  Is  it  possible  that  Hamilton 
can  have  any  influence  with  him  on  this  subject  ? ) 

I  could  remark  something  of  a  partiality  in  Adams  at  the 
setting  out — the  first  question  for  commitment  of  Mr.  But 
ler's  bill.  It  was  moved  to  postpone  this,  and  take  up  the 
resolution  for  holding  the  next  session  in  Philadelphia.  Sen 
ate  divided,  twelve  and  twelve.  J.  Adams  gave  it  [the  casting 
vote]  against  postponement.  Now  on  the  commitment  twelve 
and  twelve.  J.  Adams  gave  it  for  it.  This  division  was  by 
States,  on  both  these  questions,  or  at  least  they  divided  so.  We 
had  New  Hampshire,  Jersey,  Pennsylvania,  Delaware,  Mary 
land,  Virginia.  The  others  against  us.  Now  it  was  that  I 
regretted  Mr.  Morris'  absence.  Had  he  been  there  in  time, 
I  could  have  settled  with  him  who  should  have  been  the  com 
mittee.  Now  we  could  communicate  only  with  our  friends 
on  one  side  of  the  House.  The  committee  rather  unfavorable 
—Butler,  Dalton,  Lee,  Johnston,  and  Henry. 

Now  it  was  moved  to  refer  the  resolution  [from  the 
House]  to  the  same  committee.  The  Senate  divided  equally, 
but  Dalton  was  against  it  and  Patterson  for  it.  As  they  sat 
next  each  other,  I  believe  this  was  settled  between  them, 
and  shows  that  Patterson  is  not  to  be  depended  upon,  and, 
indeed,  I  have  long  considered  him  as  a  most  despicable 
character. 

June  3d. — Attended  the  Hall  at  the  usual  time.  I  deter 
mined  to  behave  in  personal  deportment  as  nearly  as  I  possibly 
could  to  my  former  habits,  and  I  believe  I  effected  it.  Of 
this,  however,  I  could  not  judge  as  well  as,  perhaps,  others. 
Mr.  Morris  came  the  last  of  any  of  the  members  this  day,  but 
nothing  remarkably  so ;  much  earlier  than  yesterday.  I  got 
into  chat  with  him,  and  after  some  time  remarked  how  unfor 
tunate  we  had  been  yesterday  in  not  prearranging  a  ticket  for 
the  committee.  I  said  his  absence  had  been  unlucky,  but 
could  not  now  be  helped.  He  said  his  accounts  had  engaged 
him  so  closely  he  could  not  come.  I  thought  this  stranger  than 
ever,  that  he  should  stay  away  on  no  other  excuse  than  his 
daily  business.  Wyngate,  Elmer,  almost  the  whole  Senate, 


282  THE  "GRECIAN  BEND"   IN  1790.  [1790 

have  taken  notice  of  it.  How  can  I  avoid  observing  it,  for  I 
Lave  smarted  under  it  ? 

Xo  business  of  consequence  took  place  this  day.  The 
nominations  for  the  officers  of  the  army  had  come  in  yester 
day  and  were  taken  Tip  this  day.  I  had  made  some  objections 
a  few  clays  ago  to  giving  my  advice  and  consent  to  the  ap 
pointment  of  men  of  whom  I  knew  nothing.  Izard  got  on  to 
the  same  subject  and  bounced  a  good  deal.  However,  the 
thing  was  got  over  by  the  members  rising  and  giving  an  ac 
count  of  the  officers  appointed  from  the  different  States,  and 
all  were  agreed  to. 

The  Funding  bill,  which  has  engaged  the  Representatives 
almost  the  whole  session,  came  up  yesterday ;  was  taken  up 
this  day  and  Monday  assigned  for  it. 

June  Jith. — This  is  a  day  of  small  consequence  in  the  Sen 
ate.  I  had  busied  myself  much  last  night  and  this  morning  in 
arranging  and  disposing  of  matters,  but  sundry  pages  would 
not  contain  the  whole  of  it,  so  I  will  minute  only  what  hap 
pened  in  the  Senate. 

We  called  on  the  committee  to  report.  Butler  excused  him 
self,  and  the  burden  of  the  excuse  was  that  Governor  John 
ston,  one  of  the  committee,  had  fallen  sick.  Mr.  Morris  moved, 
and  was  seconded  by  Lee,  to  add  another  member  in  his  room. 
This  occasioned  considerable  debate.  Read,  however,  declared 
against  us,  and  we  lost  the  question.  Izard  manifested  the 
most  illiberal  spirit ;  asserted  in  opposition  to  Lee  things  that 
even  his  own  party  were  ashamed  of.  I  left  the  Senate  cham 
ber  this  day  completely  sickened  at  the  uncandid  and  ungentle- 
manly  conduct  of  the  South  Carolina  men.  Few,  of  Georgia, 
said  some  improper  things,  but  I  this  day  was  almost  alto 
gether  a  hearer.  There  really  was  no  serious  debate.  It  was 
nothing  but  snip-snap  and  contradiction. 

June  5th. — This  was  a  slack  day.  I  had  promised  Mrs. 
Bell  to  go  with  her  to  the  Hall  [Senate],  and  I  called  about 
ten  for  that  purpose.  Mrs.  Bell,  however,  could  not  go  this 
day,  and  I  found  her  as  finicking  and  fickle  as  the  finest  lady 
among  them,  with  a  bunch  of  bosom  and  bulk  of  cotton  that 
never  was  warranted  by  any  feminine  appearance  in  nature. 
She  had  learned  the  New  York  walk  to  a  tittle ;  bent  forward 


JUNE  6]     ADVANTAGES  OF  CONGRESS  IN  PHILADELPHIA.   283 

at  the  middle,  she  walked,  as  they  all  do,  jnst  as  if  some  disa 
greeable  disorder  prevented  them  from  standing  erect.  Is  it 
ill  nature  or  what  that  inclines  me  to  assign  this  fashion  to  a 
cause  of  this  kind  ? 

I  went  from  her,  called  on  sundry  people ;  went  and  sat  a 
long  time  with  Mr.  Morris,  and  repeated  to  him  all  the  argu 
ments  I  had  made  use  of  on  Monday  and  Tuesday  last,  when 
he  was  absent.  One  in  particular  he  seemed  pleased  with, 
drawn  from  the  difference  of  mileage  which  wTould  arise  to 
the  Treasury  of  about  eleven  hundred  dollars  in  favor  of  a 
residence  in  Philadelphia.  I  desired  him  to  get  from  the 
Treasury  an  account  of  the  expense  of  removing  Congress 
from  Princeton  to  New  York.  He  said  he  would  do  it.  There 
seemed  really  to  be  more  of  cordiality  in  this  tete-a-tete  which 
I  had  with  him  than  any  ever  I  had.  I  then  called  on  Mr. 
"Wynkoop.  I  chatted  a  good  while  with  him,  and  had  again 
occasion  to  observe  the  blind  obedience  which  he  pays  to  the 
opinions  of  his  Philadelphia  colleagues. 

Came  home,  read,  and  lounged  away  the  day. 

June  6th,  Sunday. — Five  months  have  I  been  in  town  this 
day.  Devoted  my  time  to  thinking  of  my  family.  Wrote 
letters,  read,  etc.,  but  did  not  stir  out  all  day.  Remarked 
something  this  day  :  General  Muhlenberg  talks  of  visiting  Sun- 
bury,  etc.  I  received  a  letter  yesterday  from  George  Logan. 
He  is  greatly  displeased  about  the  grant  to  Baron  Steuben. 
This  is  really  a  worthy  man.  I  think  he  holds  the  first  place 
in  point  of  integrity.  He  has  invited  me  strongly  to  call  and 
see  him.  I  believe  I  must  do  so. 

This  old  man,  the  baron,  it  seems,  talks  in  the  most  insult 
ing  manner  of  the  grant  which  has  been  made  to  him,  and  tells 
that  he  must  and  will  have  more  when  a  new  Congress  meets, 
etc.  Being  at  the  head  of  the  Cincinnati  makes  him  assume 
those  arrogant  airs.  'Tis  probable  the  whole  body  of  them 
will  soon  be  demanding  pensions  to  support  their  titles  and 
dignity. 

The  Funding  bill,  the  basis  on  which  speculation  has  built 
all  her  castles,  is  now  to  come  before  us ;  and  woe  to  him  who 
says  a  word  in  favor  of  the  country.  Load  the  ass ;  make  the 
beast  of  burden  bear  to  the  utmost  of  his  abilities.  I  am  really 


284  PENNSYLVANIA  MESS-DAY.  [1790 

convinced  that  many  a  man  has  gone  into  the  martial  field  and 
acquitted  himself  with  gallantry  and  honor,  with  less  courage 
and  firmness  than  is  necessary  to  attack  this  disposition  in  our 
Senate. 

June  7th,  Monday. — The  Funding  law  underwent  some 
debate  this  day.  We  adopted,  by  a  kind  of  common  consent, 
a  mode  somewhat  different  from  former  practice  respecting 
it.  Supposing  ourselves  in  Committee  of  the  Whole,  a  para 
graph  is  read,  and  the  members  generally  express  their  senti 
ments  on  it.  After  every  one  has  given  his  sentiments,  it  is 
passed  by  postponement,  with  a  design  to  commit  it  to  a  special 
committee.  We  proceeded  about  half-way  with  the  bill  in  this 
way. 

The  committee  on  the  bill  for  the  permanent  residence  and 
the  resolution  sent  up  from  the  Representatives  were  called 
on  to  report,  and  Butler,  their  chairman,  did  so.  He  read  the 
report,  which  was  a  sleeveless  thing  for  the  Potomac  to  be  the 
permanent  residence,  but  alleged  that  the  ground  wras  too  nar 
row  to  fix  the  temporary  residence.  Many  desultory  things 
were  said,  and  all  went  off  until  to-morrow. 

This  was  Pennsylvania  mess-day.  I  was  so  unwell  that  I 
first  told  Mr.  Morris  that  I  could  not  attend,  but  I  afterward 
went.  We  here  agreed  to  send  for  all  the  Senators  who  were 
friends  of  moving  to  Philadelphia.  Eleven  attended — Vir 
ginia,  Maryland,  Delaware,  Pennsylvania,  Dr.  Elmer,  from 
New  Jersey,  and  New  Hampshire.  Much  desultory  discourse 
was  held.  Virginia  and  Maryland  manifested  a  predilection 
for  the  Potomac ;  but  the  final  resolutions,  in  which  Virginia 
led  the  way,  were  as  follows :  "  That  as  the  business  of  a  per 
manent  residence  was  brought  forward  by  our  enemies  evi 
dently  with  a  design  of  dividing  us,  we  would  uniformly  vote 
against  every  plan  named  for  the  permanent  residence."  The 
Virginians  and  Marylanders  declared  they  would  vote  against 
the  Potomac.  Mr.  Morris  declared  he  would  vote  against 
Germantown  and  the  Falls  of  the  Delaware.  The  Susquehanna 
was  not  publicly  named,  but  of  course  implied,  for  Mr.  Morris, 
in  enumerating  the  places  to  be  voted  against,  named  the  Poto 
mac,  Germantown,  and  the  Falls  of  Trenton.  The  line  of  pro 
ceeding  for  to-morrow  was  agreed  to :  Mr.  Lee  to  move  and 


JUNES]  SICK  MEMBER  CARRIED  IN  TO  VOTE.  285 

Langdon  to  second  the  postponement  of  the  permanent  seat 
in  order  to  take  up  the  resolution  for  the  next  session  being 
held  in  Philadelphia.  If  all  was  lost,  let  it  go  down  to  the 
House  of  Representatives  for  them  to  originate  new  measures 
on  it. 

June  8th,  Tuesday. — How  shall  I  describe  this  day  of  con 
fusion  in  the  Senate  ?  Mr.  Lee  laid  on  the  table  a  report  of 
some  additional  rules  relative  to  the  intercourse  between  the 
two  Houses.  After  this  he  moved  that  the  bill  for  the  per 
manent  residence  of  Congress  shall  be  postponed  to  take  up 
the  resolution  of  the  Representatives  for  adjourning  to  Phila 
delphia. 

Now  it  was  that  Izard  flamed  and  Butler  bounced,  and 
both  seemed  to  rage  with  madness.  Mr.  Lee's  motion  was  in 
writing,  and  they  moved  a  postponement  of  it.  The  division 
was  eleven,  and  the  Vice-President  gave  it  against  the  post 
ponement.  Now  all  was  hurry  and  confusion.  Izard  and 
Butler  actually  went  and  brought  Governor  Johnston  with  his 
night-cap  on,  out  of  bed,  and  a  bed  with  him.  The  bed  was 
deposited  in  the  committee-room.  Johnson  was  brought  in  a 
sedan  [chair].  Few  was  well  enough  to  come  without  being 
carried,  and  we  waited  half  an  hour.  The  vote  was  taken. 
We  had  our  eleven  and  they  had  thirteen  against  the  resolu 
tion.  I  thought  all  was  over  now ;  but  no  such  thing.  They 
must  carry  their  conquest  further. 

In  the  mean  time  a  mob  and  noise  was  about  the  Hall 
[Senate]  as  if  it  had  been  a  fish-market.  The  postponed  bill 
and  the  report  of  the  committee  on  it  were  called  for.  The 
report  was  read.  The  first  clause  of  the  report  was  a  resolu 
tion  that  the  permanent  residence  should  be  now  fixed.  The 
question  was  taken  on  it  and  it  was  negatived.  This  threw 
them  all  in  the  dumps.  The  report  was,  however,  lost.  But 
now  they  would  have  the  bill.  They  accordingly  had  it,  for 
they  had  the  most  votes,  and,  although  the  Senate  had  decided 
by  a  most  unequivocal  vote  that  the  permanent  residence  should 
not  be  taken  into  consideration,  yet  they  moved  to  fill  the  blank 
with  the  Potomac.  This  was  lost — fifteen  and  nine. 

Much  desultory  discourse  was  now  engaged  in,  and  many 
motions  were  made  of  postponement  of  the  bill.  Some  of 


286        PHILADELPHIA  PREFERABLE  TO  NEW  YORK.        [1790 

them  were  actually  carried,  and  yet  tliey  still  made  new  mo 
tions  for  the  blank  to  be  filled.  Baltimore  was  named.  This 
was  lost — seventeen  to  seven.  Wilmington  was  named.  It 
had  only  three  or  four.  A  motion  wras  made  to  adjourn. 
The  first  was  lost.  A  motion  was  even  made  to  pass  the  first 
clause  of  the  bill  with  a  blank,  notwithstanding  the  absurdity 
of  it,  even  in  the  face  of  a  vote  that  this  was  an  improper  time 
to  fix  the  permanent  residence.  All,  in  fact,  was  confusion 
and  irregularity.  A  second  vote  of  adjournment  was  called 
for  and  carried.  So  ended  the  uproar  of  the  day. 

John  Adams  has  neither  judgment,  firmness  of  mind,  nor 
respectability  of  deportment  to  fill  the  chair  of  such  an  assem 
bly.  Gunn  had  scolded  out  a  good  deal  of  stuff ;  "  were  we 
forever  to  be  plagued  with  a  removal,  etc.  ? "  This,  I  thought, 
deserved  some  answer.  I  went  over  all  the  disadvantages  of 
New  York,  contrasted  it  with  Philadelphia,  and  concluded 
that  such  inconveniences  would  always  produce  such  com 
plaints  and  uneasiness,  and  could  not  be  removed  but  by  taking 
away  the  cause.  I  was  listened  to,  but  made  no  converts.  I 
was  up  a  good  while,  as  I  went  largely  into  the  business,  but  I 
took  the  same  ground  which  I  had  before  traveled  over,  the 
notes  of  which  I  sent  to  Dr.  Rush. 

Just  before  I  rose,  I  asked  Mr.  Morris  for  an  estimate  of 
removing  Congress  from  Trenton,  which  he  had  promised  to 
procure.  He  had  nothing  of  it.  I  really  communicated  this 
matter  to  him  to  enable  him  to  make  some  figure  in  the  de 
bate,  and  if  possible  to  bind  him  to  me  by  this  kind  of  confi 
dential  communication.  But  I  have  another  proof  that  all  ad 
vances  on  my  part  are  in  vain.  I  walked  this  evening  with 
Mr.  Wynkoop.  Fell  in  company  with  several  of  the  Repre 
sentatives,  exhorted  them  all,  as  much  as  I  possibly  could,  to 
unanimity  and  firmness,  and  did  not  fail  to  recommend  to 
steady  perseverance  under  the  assurance  that  we  would  be  suc 
cessful. 

June  9th. — Attended  the  Hall  at  the  usual  time.  The 
Rhode  Island  bill  had  a  third  reading.  And  now  the  Fund 
ing  bill  was  taken  up.  We  had  passed  the  clause  funding 
the  old  Continental  money,  and  left  a  blank  on  Monday.  I 
then  called  it  the  resurrection  of  a  dead  demand  against  the 


JUNE  10]  EFFECTS  OF  THE  FUNDING  BILL.  28Y 

public.  Mr.  Morris  seemed  in  sentiment  with  me.  King 
spoke  against  the  clause  altogether.  But  now  the  Secretary's 
report  was  the  text-book,  and  it  must  be  funded  at  forty  for 
one.  I  called  the  attention  of  the  Senate  to  the  characters 
who  now  had  this  money.  Many  meritorious  persons  received 
it  as  gold  and  silver,  and  still  kept  it  as  the  monuments  of 
the  sacrifices  which  they  made  in  the  cause  of  America. 
Would  seventy-five  for  one,  forty  for  one,  or  one  hundred  for 
one,  indemnify  such  characters  ?  Would  it  not  be  a  mockery 
of  their  demands  ?  A  time  might  come,  a  manner  might  be 
thought  of  for  their  relief,  but  this  was  not,  perhaps,  the  time, 
nor  was  it  the  manner.  The  other  class  of  individuals  who 
were  possessed  of  it  had  collected  it  from  the  holes  and  corners 
after  it  had  ceased  to  be  an  object  of  speculation  when  it  was 
really  worth  nothing,  and  who  neither  gave  value  for  it  nor  had 
any  merit  in  the  act  of  collection.  For  these  humble  specula 
tors  infinitely  too  much  was  done.  They  had  no  claims  in  jus 
tice.  The  whole  of  the  Continental  money  was  sunk  by  de 
preciation,  a  most  unequal  mode  of  taxation  truly,  but  an  effect 
ual  one.  He  that  touched  it  was  taxed  by  it.  This  was  creat 
ing  a  claim.  A  defunct  demand  was  conjured  up  against  the 
Union,  as  if  they  feared  the  mass  of  debt  would  be  too  small, 
though  I  fear  they  would  find  it  much  larger  than  we  could 
discharge,  etc.  The  clause  was  passed,  and  we  went  to  the 
fourth. 

Mr.  Morris  moved,  in  a  moment,  to  strike  out  the  first  two 
alternatives,  and  blazed  away  for  six  per  cent  on  the  nominal 
amount  of  all  public  securities.  Elsworth  answered,  want  of 
ability.  Mr.  Morris  made  nothing  of  the  whole  of  it.  The 
broadside  of  America  was  able  enough  for  it  all.  We  had 
property  enough,  and  he  was  for  a  land-tax,  and  if  a  land- 
tax  were  laid  there  would  be  money  enough.  He  said  many 
weak  tilings,  and  was  handled  closely  for  them  by  Elsworth. 
The  debate,  loose  indeed,  and  desultory  continued  until  three 
o'clock.  Adjourned. 

June  10th. — Attended  at  nine  o'clock  at  the  Hall  on  the  bill 
for  making  compensation  to  one  John  McCord.  It  was  a 
painful  business.  His  claims  do  not  seem  over  well  founded 
in  point  of  law  or  any  act  of  Congress.  He  is  seventy-nine 


288  ON  STATE  DEBTS.  [1790 

years  old,  and  appears  to  have  suffered  deeply  in  the  American 
cause.  We  spent  a  considerable  time  on  his  business. 

When  we  came  into  the  House  of  Representatives,  the 
Funding  bill  was  under  consideration.  It  was  passed  over 
without  much  debate  in  our  cursory  way.  But  now  rose  Els- 
worth,  and  in  a  long,  elaborate  discourse  recommended  the 
assumption  of  the  State  debts.  He  concluded  that  he  would 
read  his  motion,  which  he  said  had  the  approbation  of  the 
Secretary  of  the  Treasury.  It  was  verbatim  one  of  Gerry's 
papers,  which  had  been  moved  and  laid  on  the  Speaker's  table 
in  the  House  of  Representatives  about  a  week  ago.  We  had 
speakers  enough  now.  Dr.  Johnson  was  somewhat  singular 
in  his  assertions.  He  denied  there  was  any  such  thing  as  a 
State  debt;  they  were  all  equally  the  debts  of  the  United 
States. 

The  day  was  mostly  spent  in  this  business.  I  rose  and 
took  the  field  which  I  had  several  times  labored  in  with  my 
pen.  The  old  acts  of  Congress  settle  and  assume  the  balances, 
etc.  A  short  publication  which  I  wrote,  and  which  by  one 
means  or  other  got  into  almost  all  the  newspapers,  was  the 
basis  of  it.  The  Boston  men  and  King  talked  much  of  their 
fears  of  the  consequences,  etc.  I  objected  Hancock's  speech 
to  one  and  the  divided  votes  of  their  Representatives  to  the 
other.  One  of  the  Massachusetts  men  now  produced  instruc 
tions  from  their  government  authorizing  their  voting  for  the 
measure.  I  alleged  that,  if  one  State  instructed,  all  should  in 
struct,  and  perhaps  this  should  be  considered  as  a  good  reason 
of  postponement  until  all  instructed  on  the  subject,  etc.  The 
consideration  was  postponed  until  to-morrow. 

June  llth. — Attended  at  the  Hall  on  Mr.  McCord's  bill 
early.  Mr.  Morris  joined  us.  Went  in  and  attended  the 
Funding  bill ;  the  clause  for  the  assumption  of  the  State  debts. 
Mr.  Gerry's  amendment  was  negatived.  Nine  only  rose  for 
it.  The  bill  was  now  committed.  The  only  debate  of  any 
consequence  was  between  Elsworth  and  myself.  He  set  forth 
in  a  curious  argument  that  the  debts  contracted  near  the  seat 
of  Congress  were  made  Federal ;  that  those  at  a  distance  were 
made  State  debts,  supposing  that  the  authority  of  Congress 
was  less  efficacious. 


JUNE  11]  ON  STATE  DEBTS.  289 

There  really  was  not  a  shadow  of  truth  in  this.  He  only 
adapted  his  argument  to  an  accidental  fact,  South  Carolina 
and  Massachusetts  having  the  largest  State  debts.  I  rose  and 
showed  that  there  really  was  nothing  at  all  in  this  matter  ; 
that  the  origin  of  some  State  debts  was  their  adopting  the 
debts  due  to  individuals,  which  they  did  by  way  of  paying 
their  requisitions,  and  got  credit  for  them  accordingly.  This 
was  the  origin  of  the  large  State  debt  of  one  of  them  at  least. 
King  was  obliging  enough  to  get  up  and  tell  the  House  I 
meant  South  Carolina,  etc.  This  brought  up  Butler  and  Izard, 
with  some  degree  of  warmth. 

It  was  a  good  while  before  I  could  say  anything.  I,  how 
ever,  avowed  and  supported  all  I  had  said ;  that  the  fact  was 
indubitably  so  ;  that  no  censure  was  implied  in  anything  I  had 
said ;  that  South  Carolina  had  assumed  debts  due  to  her  citi 
zens  to  the  amount  of  $186,799,  and  had  credit  in  full  of  her 
quota  of  the  requisitions  of  the  10th  of  September,  1782.  On 
that  account  Pennsylvania  had  paid  at  the  same  time  §346,632, 
and  Massachusetts  a  large  sum  of  the  said  requisition  ;  that 
Pennsylvania  might  have  brought  forward  her  State  debt  and 
had  credit  for  it  in  the  requisition,  but  she  did  not  do  so,  but 
remained  burdened  with  both  her  State  debt  and  requisitions, 
and  had  done  much  toward  paying  both,  while  South  Carolina 
had  paid  nothing  to  either.  The  committee  were :  Mr.  Lee, 
Elsworth,  Maclay,  King,  and  Patterson.  Some  little  council 
business  was  done,  and  we  adjourned.  Just  as  we  had  ad 
journed,  Butler  wished  Carrol  joy  of  a  vote  being  carried  in 
the  Representative  chamber  for  the  temporary  residence  to  be 
in  Baltimore. 

There  was  some  kind  of  entertainment  to  which  I  heard 
Fitzsimons  a  few  days  ago  inviting  the  Speaker.  I  thought 
he  took  him  to  the  door  to  do  it.  The  Speaker  asked  me  to 
go  with  him.  I  declined  it,  as  well  I  might.  After  the 
Speaker  came  home  I  asked  him  what  lie  had  heard  Mr.  Mor 
ris  say  of  the  Baltimore  vote.  He  had  not  made  up  his  mind. 
I  can  find  he  is  now  scheming  and  will  not  vote  for  Baltimore. 
I  have  had  a  spell  of  fishing,  of  which  I  was  the  subject,  to 
know  whether  I  would  not  oppose  the  Baltimore  vote.  I  saw 
clearly  the  person  who  was  set  on  to  do  it,  and  will  report  to 
19 


290  PICTURES  OF  FIVE  SENATORS.  [1790 

his  employers.  I,  in  all  probability,  am  come  to  the  point  that 
will  be  seized  to  turn  the  whole  city  of  Philadelphia  against 
me,  but  I  trust  no  taint  of  dishonor  will  ever  stain  my  conduct. 
As  to  consequences,  I  care  not. 

June  12th. — A  day  of  storm  and  rain.  I  attended  at  the 
Hall  at  eleven  on  the  Funding  bill.  The  alternatives,  as  they 
were  called,  were  the  chief  subjects  of  discussion  until  near 
three  o'clock.  Candor,  sit  by  me  while  I  describe  the  com 
mittee  : 

E.  H.  Lee,  the  man  who  gave  independence  (in  one  sense) 
to  America.  A  man  of  a  clear  head  and  great  experience  in 
public  business ;  certainly  ambitious  and  vainglorious,  but  his 
passions  seek  gratification  in  serving  the  public. 

Elsworth,  a  man  of  great  faculties  and  eloquent  in  debate, 
but  he  has  taken  too  much  on  himself  ;  he  wishes  to  reconcile 
the  Secretary's  [Hamilton's]  system  to  the  public  opinion  and 
welfare ;  but  it  is  too  much  ;  he  can  not  retain  the  confidence 
of  the  people  and  remain  in  the  good  graces  of  the  Secretary. 
He  may  lose  both. 

King,  plausible  and  florid. 

Patterson,  more  taciturn  and  lurking  in  his  manner,  and 
yet  when  he  speaks  commits  himself  hastily,  A  summumjus 
man.  Both  lawyers  and  both  equally  retained  by  the  Secre 
tary  [Hamilton]. 

And  now,  Billy,  what  say  you  of  yourself  ?  Not  overbur 
dened  either  with  knowledge  or  experience,  but  disposed  to 
make  the  best  of  your  tools. 

I  objected  in  general  to  the  bill,  disliking  funding  at  all ; 
was  willing  to  pay  as  an  interim  three  per  cent,  and  place  it 
on  the  footing  of  disability  to  do  more.  I  objected  to  fund- ' 
ing  the  interest ;  proposed  to  establish  a  land-office  to  sink  the 
interest  now  due,  and  that  indents  should  be  given  to  all  per 
sons  entitled  to  them,  receivable  in  that  office ;  declared  that 
even  prodigals  abhorred  compound  interest;  that  the  bill 
went  on  this  principle,  though  not  in  an  annual  ratio.  It 
was,  however,  in  vain,  although  I  could  perceive  that  I  made 
an  impression. 

There  were  three  alternatives  in  the  Secretary's  report. 
The  last  was  by  much  the  most  favorable  to  the  public.  This, 


JUNE  14]  CONGRESS  "  TO  GO  TO  BALTIMORE."  291 

however,  really  meant  only  to  try  the  disposition  of  Congress, 
and  Fitzsimons,  when  he  took  in  his  resolutions,  contrived 
to  have  this  rejected  and  one  substituted  vastly  more  fa 
vorable  to  the  subscribers.  A  good  man  could  not  have 
done  this. 

I  found  I  could  not  effect  anything  on  my  own  plan.  I 
therefore  watched  and  promoted  every  favorable  sentence  that 
fell  from  Lee  and  Elsworth.  The  result  of  all  was,  that  we 
struck  out  all  the  alternatives  and  voted  a  general  fund  of  four 
per  cent. 

In  the  evening  came  Mr.  "Wynkoop  heyday  all  wrong ;  to 
go  to  Baltimore,  etc.,  full  charged  with  the  permanent  seat, 
etc.  I  know  he  had  not  this  of  himself.  I,  however,  deliv 
ered  myself  with  firmness  on  the  subject,  recapitulated  the 
conduct  of  the  Yorkers,  etc.,  showed  him  (as  I  thought)  that 
to  concur  with  Baltimore  vote  was  politically  right.  He 
found  he  could  make  no  impression.  It  was  nearly  dark  when 
he  went  away.  I  followed  to  the  door.  He  took  the  way  of 
Queen  Street,  and  the  Speaker,  who  was  with  me,  said  he  was 
going  to  Fitzsimons'. 

This  day  changed  my  last  bank  bill  of  fifty  dollars. 

June  13th,  Sunday. — This  day  was  very  wet.  I  stayed  at 
home  all  day  in  my  usual  occupation  of  writing  to  my  dear 
family,  reading,  etc. 

June  14-th ,  Monday. — I  left  home  early  and  called  on  the 
Assistant  of  the  Treasury  on  McCord's  affair.  He  would  not 
let  me  tell  my  business,  so  keen  was  he  on  the  subject  of  pro 
posing  a  bargain  to  me.  Pennsylvania  to  have  the  permanent 
residence  on  the  Susquekanna,  and  her  delegation  to  vote  for 
the  assumption  [of  State  debts].  I  constrained  my  indigna 
tion  at  this  proposal  with  much  difficulty  within  the  bounds 
of  decency,  and  the  more  so  as  I  knew  that,  however  it  might 
be  with  him,  Hamilton,  the  principal  in  this  business,  was 
not  sincere.  I  gave  him  such  looks  and  answers  as  put  an 
end  to  this  business.  I  then  got  my  errand  settled.  "Went  to 
Mr.  Jefferson's  office  on  Mr.  Bailey's  affair.  Arranged  this 
affair  and  went  down  Broad  Street.  Here  I  met  Mr.  Lee. 
Spoke  a  few  words  with  him,  and  passed  on  to  the  lodgings  of 
Mr.  Carrol.  My  only  business  with  him  was  to  forewarn  him 


292  SCEEMING  IN  THE  TREASURY.  [1790 

that  an  objection  would  be  made  to  Baltimore  that  there  were 
no  public  buildings,  and  that  he  should  be  prepared  on  this 
subject. 

From  here  I  went  to  Mr.  Morris'  lodgings.  I  found  him 
somewhat  engaged,  but  the  moment  he  disposed  of  a  small 
matter  of  business  he  dismissed  his  clerk  ;  told  me  he  was  just 
going  to  look  for  me,  and  was  fortunate  in  my  coming  in. 
Said  he  had  much  to  say,  but  some  part  of  it  must  be  on  the 
most  entire  confidence ;  that  on  Friday  Jackson,  of  the  Presi 
dent's  family,*  in  whom  he  said  he  could  not  have  some  con 
fidence,  had  been  at  Clymer's  and  Fitzsimons'  lodgings  ;  that 
[Tench]  Coxe,  of  the  Treasury,  had  been  there  ;  that  their 
business  was  to  negotiate  a  bargain  :  the  permanent  residence 
in  Pennsylvania  for  her  votes  for  the  assumption,  or  at  least 
as  many  votes  as  would  be  needful.  The  burden  of  their 
business  seemed  to  be  to  open  the  conference  with  Mr.  Hamil 
ton  on  this  subject.  Mr.  Morris  continued :  "  I  did  not  choose 
to  trust  them,  but  wrote  a  note  to  Colonel  Hamilton  that  I 
would  be  walking  early  in  the  morning  on  the  Battery,  and  if 
Colonel  Hamilton  had  anything  to  propose  to  him  [Morris] 
he  might  meet  him  there,  as  if  by  accident.  I  went  in  the 
morning  there,  and  found  him  on  the  sod  before  me."  Mr. 
Hamilton  said  he  wanted  one  vote  in  the  Senate  and  five  in 
the  House  of  Representatives  ;  that  he  was  willing  and  would 
agree  to  place  the  permanent  residence  of  Congress  at  Ger- 
mantown  or  Falls  of  the  Delaware,  if  he  would  procure  him 
these  votes. 

Mr.  Morris  owned  that  he  complied  on  his  part  so  far  as 
that  he  agreed  to  consult  some  of  the  Pennsylvania  delegation 
(I  abruptly  said,  "  You  need  not  consult  me  "),  but  proposed  that 
the  temporary  residence  of  Congress  in  Philadelphia  should 
be  the  .price.  They  parted  on  this,  but  were  to  communicate 
on  the  subject  again. 

Mr.  Morris  and  Mr,  Fitzsimons  made  a  party  out  of  town 
and  took  Mr.  Read  with  them,  yesterday,  as  the  man  whose 
vote  they  would  engage.  (Let  me  here  recollect  the  applica 
tion  made  to  me  on  Saturday  night  by  Mr.  Wynkoop.  I  now 

*  Meaning  a  supporter  of  the  measures  adopted  by  the  Administration. 


JUNE  14]    "  SECRET  UNDERSTANDING,  BARGAINING,  ETC."    293 

know  that  he  was  trying  me  on  that  subject,  and  the  Speaker 
was  not  much  out  when  he  said  Wynkoop  was  gone  to  Fitz- 
simons.  He  should  have  added,  "  and  Morris.") 

Mr.  Head's  answer  was  what  Mr.  Morris  called  polite : 
"  Gentlemen,  I  am  disposed  to  facilitate  your  wishes."  But 
now,  this  morning,  says  Mr.  Morris,  I  have  received  a  note  from- 
Colonel  Hamilton  that  he  can  not  think  about  negotiating 
about  the  temporary  residence  ;  that  his  friends  will  not  hear 
of  it.  Mr.  Morris  added  :  "  I  know  he  has  been  able  to  man 
age  the  destruction  of  the  Baltimore  vote  without  me,  but  I 
can  not  yet  tell  how.  I  sent  for  Mr.  Read.  He  says  they 
have  accounts  that  the  Senators  from  Rhode  Island  are  ap 
pointed  and  expected  every  moment."  But  Mr.  Morris  add 
ed,  "  I  think  he  has  some  other  assurances."  I  now  parted 
with  Mr.  Morris  and  joined  the  Committee  on  the  Funding 
bill. 

The  Senate  were  formed  some  time  before  we  joined  them, 
and  after  some  of  the  routine  business  of  the  day  was  done, 
and  the  Baltimore  resolution  handed  in,  it  was  called  for. 
Sclmyler  moved  it  should  be  postponed  a  fortnight.  Gov 
ernor  Johnston,  of  North  Carolina,  seconded  him.  Elsworth 
got  up  ;  said  this  matter  mixed  itself  with  all  our  affairs. 
There  was  a  secret  understanding,  a  bargaining,  that  run 
through  all  our  proceedings,  and  therefore  it  ought  to  be 
postponed. 

I  retorted  his  secret  understanding,  bargaining,  etc.,  on 
himself.  As  he  knew  there  were  such  things,  he  knew  where 
they  arose,  and,  if  they  "  mixed  "  with  and  polluted  our  pro 
ceedings,  it  was  time  to  put  an  end  to  them,  which  could  only 
be  done  by  deciding  the  matter,  etc.  The  question  was  put, 
and  it  was  the  old  eleven  and  thirteen. 

This  was  mess-day.  I  did  not  join  the  company  until  about 
five  o'clock,  and  stayed  until  after  eight,  But,  oh,  such  noise 
and  nonsense !  Fitzsimons  railed  out  at  one  time  against 
Pennsylvania  interferences  about  the  assumption  of  the  State 
debts.  Had  it  not  been  for  these,  the  funding  system  would 
have  been  completed  months  ago.  He  had  received  letters 
that  stones  would  be  thrown  at  him  in  the  streets  of  Philadel 
phia  if  he  were  there,  etc. 


294:  HAMILTON'S  PROPOSITION.  [1790 

June  15tk. — We  finished  our  observations  on  the  Fund 
ing  bill,  and  reported.  The  whole  day  was  spent  in  debate 
on  it.  I  had  so  often  expressed  my  sentiments  respecting  the 
subject  of  this  bill,  that  I  need  not  set  any  of  them  down  here. 
I  was  not  often  up.  I  took  at  one  time  some  pains  to  explain 
the  nature  of  facilities  and  indents,  but  no  question  was  taken 
on  any  point.  All  was  postponed. 

Dr.  Elmer  told  me  as  I  left  the  Hall  that  he  had  something 
to  impart  to  me.  Mr.  Morris,  however,  called  me  aside  and 
told  me  that  he  had  a  communication  from  Mr^eTefferson  of  a 
disposition  of  having  the  temporary  residence  fifteen  years  in 
Philadelphia  and  the  permanent  residence  at  Georgetown  on 
the  Potomac,  and  that  he  (Mr.  Morris)  had  called  a  meeting  of 
the  delegation  at  six  o'clock  this  evening  at  our  lodging  on  the 
business.  I  was  really  unwell,  and  had  to  lie  down  the  most  of 
the  afternoon.  The  delegation  met  at  six.  I  was  called  out. 
However,  when  I  came  in,  what  passed  was  repeated  to  me. 
Hamilton  proposed  to  give  the  permanent  residence  to  Penn 
sylvania  at  Germantown  or  the  Falls  of  the  Delaware,  on  con 
dition  of  their  voting  for  the  assumption.  In  fact,  it  was  the 
confidential  story  of  yesterday  all  over  again.  Mr.  Morris  also* 
repeated  Mr.  Jefferson's  story,  but  I  certainly  had  misunder 
stood  Mr.  Morris  at  the  Hall,  for  Jefferson  vouched  for 
nothing. 

I  have  seen  no  prospect  of  fixing  the  permanent  residence 
of  Congress  at  the  present  session,  and  whenever  it  is  gone  into 
will  be  involved  in  much  difficulty.  I  have,  therefore,  declared 
against  everything  of  the  kind  ;  but  to  continue  the  temporary 
residence  here,  under  the  promise  of  the  permanent  residence 
being  in  any  part  of  Pennsylvania,  I  consider  as  madness.  It 
was  giving  them  time  to  fortify  and  intrench  themselves  with 
such  systemetic  arrangements  that  we  never  should  get  away 
while  the  law  acted  as  a  tie  on  us  and  bound  us  hand  and  foot, 
but  gave  them  all  the  power  and  all  the  opportunity  of  fixing 
us  permanently  in  this  place.  I  would  rather  be  under  no  ob 
ligation  and  keep  up  an  unremitted  effort  to  get  away,  which 
I  had  no  doubt  would  be  crowned  with  success. 

I  know  not  wrhether  what  I  said  was  the  reason  of  it,  but 
these  sentiments  seemed  to  be  adopted.  As  to  the  bargain 


JUNE  15]  HAMILTON'S  PROPOSITION.  295 

proposed  by  Hamilton,  I  spoke  of  it  with  detestation.  Mr. 
Morris  now  proposed  that  a  paper  should  be  drawn  up,  with 
reasons  for  our  conduct,  that  they  might  not  be  able  to  brand 
us  with  any  neglect  of  the  interests  of  Pennsylvania ;  and  a 
committee  for  this  purpose  was  appointed — Mr.  Morris,  Mr. 
Fitzsimons,  and  Mr.  Hartley. 


296  THE  FUNDING  BILL.  [1790 


CHAPTER  IX. 

THE   FUNDING    BILL. 

June  16th. — I  early  called  this  morning  at  Colonel  Hart 
ley's  lodgings  in  order  to  give  him  a  sketch  of  what  I  thought 
might  be  well  enough  for  us  to  sign.  He  was  gone,  "but  I  fell 
in  with  him  at  the  Hall  and  delivered  it  to  him. 

I  sauntered  about  till  Congress  formed,  and  now  we  got  at 
the  Funding  bill.  Here  we  had  all  the  stuff  over  again  of  pub 
lic  credit,  etc.  The  great  question  was  whether  the  report  of 
the  committee  for  four  per  cent  should  be  adopted.  I  soon 
committed  myself  in  such  sort  that  I  must  expect  all  the  pub 
lic  creditors  to  be  my  enemies.  The  great  ground  that  I  took 
was,  that  I  did  not  believe  we  could  impose  any  direct  taxes 
on  our  constituents  for  a  purpose  which  they  knew  as  well  as 
I  did  ;  that  the  holders  of  certificates  in  Pennsylvania  had 
them  funded  when  they  were  but  2s.  Qd.  on  the  pound  ;  that 
£100  purchased  £800  ;  that  they  had  drawn  interest  on  the 
nominal  amount  for  four  years,  equal  to  £192.  Justice  and 
law  allowed  them  but  £124  ;  hence  they  had  £68  clear  already, 
and  the  certificates  into  the  bargain,  etc. 

I  was  up  a  long  time.  Mr.  Morris  rose  against  the  report. 
His  collar  fairly  choked  him.  He  apologized  to  the  House 
that  his  agitation  had  deprived  him  of  his  recollection  on  the 
subject,  and  he  sat  down.  He  rose  again  some  little  time  be 
fore  the  Senate  adjourned,  mentioned  his  late  confusion,  but 
declared  it  did  not  arise  from  the  personal  interest  he  had  in 
public  securities  ;  that,  although  he  was  possessed  of  some,  he 
was  no  speculator,  etc.  I  wish  he  had  not  made  this  last 
apology,  for  I  fear  it  fixed  the  matter  deeper  on  him. 

We  spent  until  past  three  o'clock,  but  took  no  question ; 


JUNE  17]  CONSULS  AND   VICE-COXSULS.  297 

and,  indeed,  it  seemed  almost  agreed  that  we  would  not  pro 
ceed  without  the  other  bill. 

June  17th. — Spent  this  morning,  before  the  meeting  of  the 
Senate,  in  calling  on  Mr.  Coxe  for  the  papers  in  the  case  of 
McCord,  and  at  the  office  of  the  Secretary  of  State  on  Mr. 
Bailey's  affair. 

The  Senate  met,  and  until  near  two  o'clock  we  were  engaged 
on  the  subject  of  consuls  and  vice-consuls.  The  grand  question 
was,  whether  foreigners  were  eligible  to  those  offices.  It  was 
admitted  that  they  were,  and  a  number  accordingly  appointed. 
"VVlien  I  came  home  to  dinner,  the  Speaker  told  me  that  a  bill 
was  proposed  in  the  House  of  Representatives  for  giving  them 
salaries.  Thus  it  is  that  we  are  led  on,  little  by  little,  to  in 
crease  the  civil  list ;  to  increase  the  mass  of  public  debt,  and, 
of  course,  the  taxes  of  the  public.  This,  however,  is  all  of  a 
piece  with  former  management  from  the  offices. 

The  Funding  bill  was  now  called  for.  Butler  repeated  the 
same  things  he  had  said  yesterday.  But  now  up  rose  Patter 
son  with  a  load  of  notes  before  him.  To  follow  him  would  be 
to  write  a  pamphlet,  for  he  was  up  near  an  hour.  Kear  the 
beginning  he  put  a  question  :  "  What  principle  shall  we  adopt 
to  settle  this  business  ?  If  we  follow  Justice,  she  says  three 
per  cent  or  even  two  is  as  imicJi  as  the  holders  of  certificates 
can  demand.  But  what  says  law  ? — six  per  cent,"  and  he  was 
a  summumjus  man  to  the  end  of  the  chapter.  It  was  near 
three  when  he  had  done. 

I  felt  an  impatience  to  attack  him,  and  up  I  got.  At  first 
exploded  a  doctrine  which  he  had  stated  of  Congress  being  a 
party  and  the  claimants  another.  I  stated  the  people  at  large 
as  being  the  debtors  and  the  holders  the  creditors,  and  Con 
gress  the  umpire — the  Legislature  between  them.  I  then  stated 
his  two  principles  of  justice  and  law ;  declared  myself  an  ad 
herent  of  the  former.  Law  was  the  rule  for  courts  and  mag"- 

o 

istrates  in  the  execution  of  their  offices,  but  justice  was  our 
guide,  and  had  been  the  guide  of  all  just  legislation  from  the 
Jewish  jubilee  to  the  present  day ;  that  even  in  law  it  was  a 
maxim  that  rigid  law  was  rigid  injustice.  Hence  the  necessity 
of  courts  of  chancery  expressly  for  mitigating  the  severity  of 
unjust  contracts.  I  repeated  his  own  words  of  "three  per 


298  THE  CASE  OF  ONE  McCORD.  [1790 

cent — perhaps  two  per  cent "  being  the  voice  of  Justice.  If, 
then,  the  point  of  justice  stands  at  three  per  cent,  or  if  at  two 
per  cent,  all  beyond  that  point  is  injustice  to  whom  ?  To  the 
very  people  whose  interests  it  is  onr  bounden  duty  to  support 
and  protect.  I  reprobated  his  position  even  with  acrimony  as 
the  Shylock  doctrine  of  "  my  bond,  my  bond." 

June  18th. — We  went  early  to  the  Hall,  as  I  was  on  two 
committees  this  morning — the  one  the  case  of  one  Twining, 
the  other  McCord's.  We  spent  a  considerable  space  of  time 
on  Twining' s  affair,  which  to  me  did  not  seem  a  just  subject  of 
legislation.  I  then  joined  the  committee  on  McCord's  case. 

This  was  truly  one  in  which  Compassion  mingled  herself 
with  Justice.  The  generals,  Thomson,  Irvine,  and  others,  had 
received  effects  from  him  in  Canada  in  the  year  1776.  They 
gave  him  a  bill  which  was  never  paid.  The  Auditor  and 
Comptroller  settled  the  sum  due  on  this  bill,  $809.71.  He 
had  suffered  greatly  in  Canada :  had  his  house  burned ;  took 
our  Continental  money  to  a  considerable  amount  as  specie, 
which  he  produced  to  us  to  the  amount  of  $1,200  or  $1,300 ; 
advanced  money  and  goods  to  many  people  who  now  refuse 
to  pay  him,  and  many  of  them  he  can  not  find.  All  these 
things  are  indubitable.  I  had  no  difficulty  in  allowing  him 
the  $809.71  in  ready  money,  in  lieu  of  a  certificate,  but  any 
thing  more  I  seemed  to  feel  a  difficulty  in.  Lands  had  been 
set  apart  by  the  old  Congress  to  make  compensation  for  Cana 
dian  sufferers.  We  reported  the  $809.71,  and  left  a  blank  for 
the  value  of  his  lands.  The  Senate  filled  the  blank  with 
$500.  My  heart  w^ould  not  let  me  rise  against  the  motion. 
Though  it  is  a  trifle  to  his  sufferings,  yet  how  many  hundreds 
of  our  own  people  suffer  equal  distress  ! 

Up  now  came  the  Funding  bill.  Butler  railed  at  Els- 
worth.  Elsworth  talked  back.  There  really  was  no  enter 
tainment.  Ko  man  ever  rambled  or  talked  more  at  random 
than  Butler.  He  is  ever  quoting  authors  on  trade,  finance, 
etc.,  ever  repeating  what  he  has  seen  in  Europe.  This  day  he 
asserted  that  the  circulating  coin  of  Great  Britain  was  three 
hundred  millions.  Authors  (if  I  remember  right)  place  it  at 
about  sixteen.  There  really  was  nothing  new.  Some  were 
pressing  for  the  question,  but  it  was  postponed  generally. 


JUNE  20]  BARGAINING-  FOR  CONGRESS.  299 

I  received  a  letter  from  Dr.  Rush  and  a  newspaper  con 
taining  a  mutilated  publication  of  the  piece  which  I  had  sent 
to  him  on  the  subject  of  Federal  residence.  He  has  left  out 
many  of  what  I  consider  as  the  best  arguments,  and  very  im 
properly  reduced  the  arguments  drawn  from  the  mileage  one 
half  by  his  miscalculations.  But  I  really  never  was  served 
otherwise. 

This  evening  Mr.  Morris  and  Mr.  Fitzsimons  called  on  us. 
Hamilton  had  been  with  them  again.  Is~ever  had  a  man  a 
greater  propensity  for  bargaining  than  Mr.  Morris.  Hamilton 
knows  this,  and  is  laboring  to  make  a  tool  of  him.  He  affects 
to  tell  Mr.  Morris  that  the  !New  England  men  will  bargain  to 
fix  the  permanent  seat  at  the  Potomac  or  at  Baltimore.  Mr. 
Fitzsimons  counted  all  the  members  who  it  was  likely  would 
vote  for  such  a  measure,  and  the  conclusion  was  that  no  such 
measure  could  be  carried  by  them. 

June  19th.— Attended  at  ten  o'clock  at  the  Hall  on  Mr. 
Twining's  bill.  The  committee  heard  all  the  witnesses  pro 
duced. 

~\Ve  then  walked  to  view  the  demolitions  of  Fort  George ; 
the  leaden  coffins  and  remains  of  Lady  and  Lord  Bellamont, 
now  exposed  to  the  sun  after  an  interment  of  about  ninety 
years.  They  and  many  more  had  been  deposited  in  vaults  in 
a  chapel  which  once  stood  in  the  fort.  The  chapel  was  burned 
down  about  fifty  years  ago  and  never  rebuilt.  The  leveling 
of  the  fort  and  digging  away  the  foundations  have  uncovered 
the  vaults. 

The  talk  of  the  day  is  the  death  of  one  Tilfair,  from 
Georgia,  who  this  morning  cut  his  throat  with  a  razor.  A 
negro  boy  who  waited  on  him  has  manifested  marks  of  aston 
ishing  attachment.  'Tis  said  he  was  separated  from  the  dead 
body  by  force,  and  restrained  with  difficulty  from  committing 
violence  on  himself. 

June  20th,  Sunday. — I  spent  the  most  of  this  day  at  home, 
finishing  some  letters ;  read  occasionally.  In  the  evening  I 
went  to  see  Mrs.  Bell.  She  proposed  to  walk,  and  offered  to 
come  and  see  Mrs.  Muhlenberg.  I  set  out  with  her,  but  she 
knew  almost  everybody  we  met.  A  Mrs.  Somebody  joined 
us  and  made  us  gad  over  almost  the  whole  town  to  visit  some- 


300  PENALTIES  OF  ONE  TWINING.  [1790 

body  else.  We,  however,  parted  with  our  adventitious  com 
rade  and  performed  our  first  tour.  This  does  not  deserve 
notice  only  for  what  Mrs.  Bell  mentioned,  as  the  subject  of 
the  removal  of  Congress  from  this  place  was  her  constant 
theme.  She  took  occasion  to  tell  me  that  Mr.  Morris  was  not 
sincerely  attached  to  the  Pennsylvania  interest  on  that  subject ; 
that  his  commercial  arrangements  were  calculated  for  this 
place  [New  York]  ;  that  the  Yorkers  depended  on  him,  but 
were  lately  staggered  by  an  oath  which  it  was  said  he  had 
sworn  that  he  would  have  Congress  away.  I  endeavored  to 
persuade  myself  that  Mr.  Morris  was  now  in  earnest,  and  the 
Yorkers  would  find  him  so,  etc.  Yet  I  had  my  own  thoughts 
on  the  subject.  Mrs.  Bell  replied  that  he  may  have  good 
reasons  now  to  wish  for  popularity  in  Pennsylvania. 

June  21st. —  Attended  at  the  Hall  early  on  the  bill  for  re 
mitting  certain  penalties  to  one  N.  Twining.  The  Senate  met. 
I  observed  a  strangeness  of  disposition  in  the  House  the  mo 
ment,  or  rather  a  few  moments,  after  the  minutes  were  read. 
Patterson  moved  to  adjourn.  Schuyler  seconded.  This  was 
lost.  It  was  now  moved  to  take  up  the  vote  of  the  House  of 
Representatives  for  fixing  the  time  of  adjournment.  This 
was  agreed  to,  and  King,  Bassett,  and  Walker  appointed  on 
our  part  to  confer.  Izard  now  rose ;  said  there  was  something 
to  put  on  the  minutes,  and  renewed  the  motion  for  adjourn 
ment.  Seconded  by  Patterson.  This  was  lost. 

And  now  the  Funding  bill  was  taken  up.  "We  had  a 
great  deal  of  the  old  ground  gone  over  again.  King  received 
a  note ;  rose  and  moved  that  the  Funding  bill  should  1  >e 
postponed,  as  the  House  of  Representatives  had  negatived  the 
bill  for  the  ways  and  means.  lie  was  seconded  by  Schuyler. 
We  had  now  a  long,  desultory  kind  of  debate  whether  the  bill 
should  be  postponed.  It  was  not  postponed.  Now  the  de 
bates  on  the  merits  of  the  bill.  The  question  was  whether  all 
the  alternatives  should  be  struck  out  and  a  fund  of  four  per 
cent  adopted.  Adopted  ;  thirteen  for,  ten  against.  Now  the 
question  on  the  striking  out  of  the  indents.  Elsworth  and  the 
New  England  men  knew  that  Pennsylvania  has  a  number  of 
indents,  and  the  invention  of  all  of  them  is  at  work  to  turn  it  to 
her  disadvantage.  The  vote  was,  however,  carried  to  keep  the 


JUNE  22]  PENNSYLVANIA  MESS-DAY.  301 

indents,  since  the  other  back  interest  was  to  be  funded.  I 
bore  my  testimony  in  the  strongest  terms  against  funding  any 
interest,  and  proposed  to  open  a  land-office  as  a  sinking  fund 
for  the  whole  of  the  back  interest,  including  the  indents,  but  I 
found  no  second.  The  interest  of  the  whole  was  placed  on  one 
footing,  almost  without  a  division.  Now  a  long  debate  ensued 
about  the  Jersey  payments  and  a  proviso  which  had  been  in 
serted  to  favor  them.  No  other  question  was,  however,  taken, 
and  the  House  adjourned  a  quarter  after  three. 

This  was  mess  or  club  day.*  I  went  and  stayed  till  the 
fumigation  began,  alias  smoking  of  cigars,  a  tiling  I  never 
could  bear.  Elsworth  made  a  long  speech,  amounting  to  this : 
that  since  a  general  system  of  funding  could  not  be  obtained, 
gentlemen  would  be  against  all  funding  whatever.  I  placed 
his  speech  in  as  strong  colors  as  I  could ;  that  since  a  party 
in  Congress  could  not  build  as  they  pleased,  they  would  turn 
and  pull  all  down.  There  was  a  majority  against  the  assump 
tion  of  the  State  debts  and  the  minority,  indignant  at  being 
controlled,  since  they  could  not  rule,  would  join  the  discon 
tented  part  of  Congress  and  stop  all  business. 

Adams  affects  to  treat  me  with  all  the  neglect  he  can  while 
I  am  speaking,  by  turning  his  head  a  different  way,  looking 
sidewise,  etc.  But  I  care  not.  I  will  endeavor  to  bear  it. 

June  22d. — I  called  this  morning  on  General  Irwin,  who 
is  one  of  the  commissioners  for  settling  accounts  between  the 
United  States  and  the  individual  States,  for  the  amount  of  the 
Jersey  claims  for  interest  paid  by  that  State  on  the  Continental 
certificates.  Found  it  to  be  about  half  a  million.  Now  attended 
the  committee  on  Twining' s  case.  Mr.  Morris  called  me  aside. 
(I  had  yesterday  expressed  my  indignation  of  the  New  Eng 
land  attempt  upon  Pennsylvania,  in  excluding,  or  trying  to  ex 
clude,  those  indents,  which  would  pass  into  her  hands  in  con 
sequence  of  the  late  funding  law,  from  being  funded ;  had  en 
deavored  to  possess  him  of  the  facts  to  obtain  his  assistance, 
and  indeed  expressed  unguarded  solicitude  on  that  subject.) 

He  told  me  this  is  an  important  affair  respecting  the  in— 

*  Meaning  the  day  set  aside  by  the  Pennsylvania  delegation  for  dining 
together. 


302  THE  ASSUMPTION  POLITICALLY  WRONG.  [1790 

dents  to  Pennsylvania.  "  I  would  have  you  think  well  of  it. 
The  New  England  men  are  determined  to  carry  it  against  us. 
The  assumption  is  the  only  way  we  can  rid  ourselves  of  this 
thing.  I  would  have  you  think  of  it — think  of  it." 

I  had  to  say  I  will  think  of  it.  I  felt  a  little  disturbed : 
not  if  I  knew  my  own  mind  with  regard  to  the  part  I  should 
act,  but  to  think  that  everything  should  be  set  to  sale,  and 
that  even  just  measures  could  not  be  pursued  but  by  contract, 
and  that  men  should  be  hunted  into  measures.  I  have  often 
thought  myself  deficient  in  readiness  of  judgment  or  quickness 
of  determination.  Perhaps  any  man  can  think  more  and  bet 
ter  too  at  twice  than  at  once.  I,  however,  in  a  few  minutes 
took  my  seat  beside  Mr.  Morris  ;  told  him  that  I  considered 
the  assumption  so  politically  wrong  and  productive  of  so  much 
injustice,  that  no  offer  could  be  made  which  would  induce  me 
to  change  my  mind.  I  had,  however,  means  of  another  nature. 
I  could  depend  nothing  on  the  promises  of  the  New  England 
men  ;  but,  further,  had  calculated  that  the  State  of  New  York 
was  circumstanced  nearly  in  the  same  way  as  Pennsylvania 
with  respect  to  the  indents ;  and  I  consider  this  as  the  sure 
pledge  that  wre  should  not  be  pushed  to  extremities  on  that 
ground.  The  result  showed  that  I  was  right ;  for,  after  a  great 
deal  of  debate  in  the  House,  affairs  settled  as  I  would  have 
them. 

There  is  a  lesson  in  the  matter,  and  I  must  be  on  my  guard 
with  respect  to  my  colleague.  Hamilton  unhappily  has  him 
in  his  power  with  respect  to  these  old  accounts,  which  are 
still  before  the  Treasury.  The  bill  for  establishing  the  post- 
office  was  read  the  first  time.  We  adjourned  early. 

Mr.  Fitzsimons  called  this  afternoon.  AVe  had  much  loose 
conversation  on  the  subject  of  adjournment.  I  expressed  a 
wish,  the  sooner  the  better.  Fitzsimons  said  it  never  would 
do  to  go  away  without  funding  the  debt.  Pennsylvania  was 
too  deeply  interested.  She  would  draw  three  millions  of  dol 
lars  annually  from  the  funds.  I  stared,  as  well  I  might,  for 
at  four  per  cent  she  must  possess  more  than  the  whole  of  the 
Continental  debt  to  do  it,  viz.,  seventy-five  millions.  He  cor 
rected  himself,  and  said  above  fifteen  millions  would  belong  to 
her  and  her  citizens.  I  said  this  might  be.  He  now  got  on 


JUNE  22]  PENNSYLVANIA'S  ACCOUNTS.  303 

the  subject  of  Pennsylvania  paying  her  civil  list,  etc.,  with 
Continental  revenue.  In  fact,  this  man  has  no  rule  of  conduct 
but  convenience,  and  he  shifts  opinions  and  sentiments  to  an 
swer  occasions. 

The  Speaker  walked  away  with  Mr.  Fitzsimons.  When 
he  returned,  I  asked  him  to  repeat  what  Mr.  Fitzsimons  had 
said.  lie  [the  Speaker]  said  Mr.  Fitzsimons  had  explained 
himself  in  their  walk,  that  the  State  of  Pennsylvania  pos 
sessed  three  millions  on  which  she  would  draw  interest,  and 
that  the  citizens  of  the  State  possessed  fifteen  millions  on 
which  they  would  draw  interest.  There  are  more  turners 
than  dish-makers  ;  but  in  fact  none  of  these  things  deserve  not 
ing  down. 


304  SALARIES  FOR  AMBASSADORS.  [1790 


CHAPTER   X. 

ON    THE   RESIDENCE    OF    CONGEESS. 

June  23d,  Wednesday. — This  day  could  not  be  considered 
as  very  important  in  the  Senate.  The  Funding  bill  was  called 
for  and  postponed. 

The  Intercourse  bill,  or  that  for  appointing  ambassadors, 
had  been  referred  to  a  committee  of  conference  so  long  ago 
that  I  had  forgotten  it,  but  the  thing  was  neither  dead  nor 
sleeping.  It  was  only  dressing  and  friends-making.  The  re 
port  increased  the  salaries  and  added  ten  thousand  dollars  to 
the  appropriations.  I  concluded  they  had  secured  friends 
enough  to  support  it  before  they  committed  it  to  the  House. 
This  turned  out  to  be  the  case.  The  whole  appropriation  was 
forty  thousand  dollars,  and  they  were  voted  with  an  air  of 
perfect  indifference  by  the  affirmants,  although  I  consider  the 
money  as  worse  than  thrown  away,  for  I  know  not  a  single 
thing  that  we  have  for  a  minister  to  do  at  a  single  court  in 
Europe.  Indeed,  the  less  we  have  to  do  with  them  the  better. 
Our  business  is  to  pay  them  what  we  owe,  and  the  less  political 
connection  the  better  with  any  European  power.  It  was  well 
spoken  against.  I  voted  against  every  part  of  it. 

We  received  also  a  bill  for  the  East  Indian  trade.  Read  for 
the  first  time.  Mr.  Morris  was  often  called  out.  He  at  last 
came  in  and  whispered  me :  "  The  business  is  settled  at  last. 
Hamilton  gives  up  the  temporary  residence."  I  wrote  on  a 
slip  of  paper  (as  we  could  not  converse  freely),  "  If  Hamilton 
has  his  hand  in  the  residence  novi,  he  will  have  his  foot  in  it 
before  the  end  of  the  session"  I  afterward  told  Mr.  Morris 
that  this  seeming  willingness  of  Hamilton  proceeded  from  his 
knowledge  that  the  North  Carolina  Senators  and  Colonel  Gunn 


JUNE  24]  "JOCKEYING"  FOR  COXGKESS.  305 

could  not  be  restrained  from  voting  for  Baltimore,  and  that 
the  present  proposal  and  bill  (for  a  bill  was  shown  to  me  by 
Mr.  Morris)  were  meant  to  divert  the  Southern  members  from 
Baltimore,  and  they  would  finally  destroy  the  bill. 

I  got  Henry,  of  Maryland,  into  the  audience-room  and 
gave  him  a  detail  of  what  was  going  on,  and  made  the  same 
reflections  on  it  to  him.  I  saw  he  believed  the  North  Caro 
lina  men  would  vote  for  Baltimore.  I  find  there  is  a  ferment 
among  them,  and  good  may  come  of  it. 

Paid  my  lodgings. 

There  are  jockeying  and  bargaining  going  on  respecting 
which  I  am  not  consulted  and  which  I  hear  of  only  by-the-by : 
the  temporary  residence  in  Philadelphia  for  fifteen  years  and  the 
permanent  residence  on  the  Potomac.  A  solemn  engagement 
has  been  entered  into  by  eleven  Senators  to  push  the  temporary 
residence  only.  On  this  ground  we  of  Pennsylvania  are  per 
fectly  safe,  and  our  interest  is  to  keep  this  contract  alive.  If 
we  go  from  this  the  temporary  residence  may  remain  in  New 
York  and  the  permanent  residence  to  the  Potomac.  It  is  a 
species  of  robbery  to  deprive  Pennsylvania  of  the  residence. 
How  can  a  delegate  reconcile  himself  to  such  a  vote  unless  he 
confide  in  future  contingency  to  repair  his  errors,  which  is 
neither  safe  nor  honorable  ? 

June  24th. — This  was  a  day  of  small  business  in  the  Senate. 
The  report  on  a  bill  for  remitting  fines  to  one  Twining  was 
rejected  and  the  bill  confirmed ;  contrary,  in  my  opinion,  to 
every  idea  of  justice,  for  this  man  had  got  already  from  the 
public  upward  of  two  thousand  dollars  without  consideration. 

Though  little  business  was  done  in  the  Senate,  yet  I  ought 
never  to  forget  this  day.  In  the  Senate  chamber,  Mr.  Walker 
told  me  that  the  Pennsylvania  delegation  had,  in  a  general 
meeting,  agreed  to  place  the  permanent  residence  on  the  Poto 
mac  and  the  temporary  residence  to  remain  ten  years  in  Phila 
delphia.  I  answered,  I  know  nothing  of  any  such  agreement. 
No  truth  was  ever  better  founded.  He  said  Scott  had  come 
from  the  meeting  to  him.  He  seemed  willing  I  should  take  a 
lead  in  the  business.  I  heard  nothing  further  on  the  business. 
Dr.  Elmer  and  I  called  on  Mr.  Morris,  and  here  for  the  first 
time  I  heard  him  declare  he  was  satisfied  with  ten  years.  He 
20 


306  DISCOBD  AMONG  THE  PENNSYLVANIA'S.  [1790 

did  not  say  much  to  me,  but  the  moment  I  came  home  the 
Speaker  attacked  me  :  u  Here  you  have  been  doing  fine  things ; 
you  have  broken  the  bargain,"  etc. 

I  denied  that  I  had  broken  any  bargain  ;  that  I  never  knew 
of  any  bargain  for  ten  years  being  made.  Did  not  General 
Muhlenberg  speak  to  you  ?  Yes.  on  Monday  last  he  bid  me 
tell  Mr.  Morris  that  he  thought  Matthews  could  not  make 
them  agree  to  more  than  ten  years.  I  forgot  to  mention  it  to 
him  then,  but  mentioned  it  to  him  afterward.  He  said  if  we 
agreed  to  ten  they  would  propose  seven,  etc.,  and  declared 
himself  against  listening  to  any  such  proposals,  "We,  how 
ever,  met  in  the  evening.  Bassett  and  Read,  of  the  Delaware 
State,  came  in  with  Mr.  Morris.  Dr.  Elmer  came  some  time 
after.  I  now  did  the  most  foolish  thing  I  ever  did  in  my 
life.  I  declared  that  I  considered  the  permanent  residence 
as  a  matter  that  ought  to  belong  to  Pennsylvania,  in  what 
ever  point  of  view  it  was  considered,  geographically  or  politi 
cally  ;  that  to  deprive  her  of  it  was,  in  my  opinion,  a  species  of 
robbery;  ljut,  since  we  came  there  to  consult  the  public  good, 
I  was  willing  to  be  governed  l>y  republican  ideas,  and  would 
stand  l>y  the  vote  of  the  majority,  as  a  house  divided  against 
itself  could  not  stand. 

Mr.  Morris  now  said  my  arguments  were  too  late.  I 
should  have  made  these  objections  when  the  contract  was 
made  for  fifteen  years'  residence  at  Philadelphia.  I  very 
freely  declared  I  never  entered  into  any  such  contract,  Mor 
ris,  Fitzsimons,  and  the  Speaker  declared  that  I  did,  and  the 
Speaker  reminded  me  that  a  committee  was  appointed.  I 
agreed  that  a  committee  was  appointed,  but  it  was  to  draw  up 
our  reasons  for  rejecting  Hamilton's  proposals ;  and  that  I 
understood  them  so  would  be  evident  from  my  sentiments, 
which  I  had  committed  to  paper  at  the  time,  and  which  were 
now  in  the  hands  of  Colonel  Hartley.  They  all  three  per. 
sisted  in  the  charge.  Hartley,  however,  had  spirit  enough  to 
say  there  was  no  such  contract.  This  seemed  to  cool  them  a 
little.  But  after  some  time  Scott  came  in.  The  matter  was 
repeated  to  him.  He  declared  there  was  no  number  of  years 
mentioned  at  all  as  any  bargain,  and,  of  course,  no  contract. 
This  made  them  look  a  little  blue. 


JUNE  25]  THE  PURCHASE  OF  WEST  POINT.  307 

I  must  note  that  I  read  the  sketch  which  I  gave  to  Hartley 
to  the  Speaker,  and  lie  approved  of  it ;  and  I  expressly  men 
tioned  both  to  him  and  Colonel  Hartley  that  all  that  we  did 
respected  only  what  was  past.  But  now  the  Speaker  put  the 
question,  "  Shall  we  vote  for  a  bill  giving  the  temporary  resi 
dence,  ten  years,  to  Philadelphia  and  the  permanent  residence 
to  the  Potomac  ? "  They  all  said  yes  but  myself.  I  said  no, 
but,  unluckily,  am  bound  by  my  foolish  declaration.  Good 
God,  deliver  me  this  once  !  Fate,  familiar  as  her  garter,  ended 
the  difficulty.  But  the  tale  is  long,  and  I  had  better  begin  the 
business  of  the  day  on  the  next  page. 

June  25th,  Friday. — A  day  of  excessive  rain.  I  went  to 
the  Hall  in  the  Speaker's  carriage  at  an  early  hour  to  attend 
the  committee  on  the  post-office  business.  I  found  Mr.  Car 
rol  there.  We  had  much  loose  talk.  He  told  me  his  plan, 
which  was  to  take  Butler's  bill,  amended  so  that  the  residence 
should  be  ten  years  in  Philadelphia,  at  the  end  of  which  the 
permanent  residence  should  be  on  the  Potomac. 

The  first  business  was  the  report  on  what  was  called  Ste 
phen  Moore's  bill.  This  man  is  the  owner  of  the  land  on 
which  the  old  fort  of  West  Point  stands.  He  is  got  in  debt 
in  town  to  the  amount  of  two  thousand  or  some  such  sum. 
He  has  nothing  but  the  rocks  of  West  Point.  The  Secretaries 
of  War  and  Treasury  and  other  influential  characters  have 
interested  themselves  in  getting  this  bill  passed  to  buy  the 
land  from  him,  to  pay  his  debts,  under  the  notion  that  the 
ground  is  necessary  for  a  fortress.  Barefaced  as  this  business 
is,  it  was  carried  in  the  Senate  by  a  great  majority.  Am  I 
mistaken,  or  is  it  the  spirit  of  prodigality  broke  loose  since 
Rhode  Island  came  in  ?  Yesterday  Twining's  base  business  ; 
this  day  Moore's  case,  and  a  bill  for  a  claim  for  one  Gould 
came  up.  The  yeas  and  nays  are  on  the  journals,  and,  strange 
to  tell,  Mr.  Morris  for  once  was  with  me. 

Mr.  Carrol  now  rose  and  was  seconded  by  Lee.  Izard, 
Few,  Iving,  on  one  side,  Carrol  and  Lee  on  the  other.  Butler 
bounced  between  both,  but  declared  for  the  bill  and  he  would 
be  for  it.  The  motion  was  made  to  take  up  the  bill.  The 
Vice-President  said  :  "  There  has  been  a  motion  for  post 
ponement.  I  do  not  know  whether  it  has  been  seconded." 


308        THE  RHODE   ISLAND  MEMBERS  "INSTRUCTED."     [1790 

~No  such  thing  had  happened,  but  the  hint  was  soon  after 
taken. 

And  now  all  was  consternation  and  commotion.  Out  ran 
King,  Schuyler,  Izard,  and  sundry  of  the  Eastern  gentry,  and 
in  were  ushered  the  Senators  from  Rhode  Island.  And  now 
the  hinted-for  postponement  was  called  for  of  the  bill,  which, 
in  fact,  had  not  been  taken  up.  But  the  new  members,  just 
sworn  and  seated,  did  not  get  up.  Signs  and  motions  were 
ineffectual ;  they  kept  their  seats,  and  the  bill,  of  course,  was 
taken  up,  or,  in  parliamentary  style,  not  postponed. 

Izard  begged  leave  to  explain,  or,  in  other  words,  to  tell 
the  new-come  gentlemen,  that  they  ought  to  have  voted  for 
the  postponement.  Mr.  Adams  without  any  ceremony  put  the 
same  question  over  again.  King  got  on  one  side  and  Els- 
worth  on  the  other  of  the  new  members  and  got  up  with  them. 
Butler,  too,  after  all  his  declarations,  voted  for  the  postpone 
ment.  It  was  thirteen  and  thirteen,  and  Bonny  Johnny  voted 
for  the  postponement ;  and  thus  the  business  of  the  day  was 
got  over  without  much  difficulty  so  far,  or  at  least  the  knotty 
parts  of  it,  and  thus  my  neck  got  out  of  the  noose. 

Adjourned  until  Monday. 

I  must  note  here  that  a  number  of  our  own  people  were 
duped  in  pushing  the  Rhode  Island  bill.  They  are  now  paid 
for  it.  I  told  them  at  the  time  what  was  intended.  They 
must  take  what  follows. 

June  £6th,  Saturday. — Attended  this  day  on  the  Commit 
tee  on  the  Post-Office  bill.  The  bill  came  up  from  the  Repre 
sentatives  with  every  post-road  described,  both  main  and  cross 
roads.  Carrol  and  Strong  were  for  blotting  out  every  word 
of  description,  and  leaving  all  to  the  Postmaster-General  and 
the  President  of  the  United  States.  I  proposed  a  different 
plan :  that  one  great  post-road  should  be  described  by  law 
from  Portland,  in  New  Hampshire,  to  Augusta,  in  Georgia, 
passing  through  the  seats  of  the  different  governments,  and 
that  two  cross-roads  only  should  be  described  from  New  York 
to  Canada,  and  from  Philadelphia  or  some  other  proper  place 
to  Fort  Pitt,  for  the  accommodation  of  the  "Western  country. 
The  other  or  block  system  prevailed,  but  we  are  to  meet  again 
on  Monday,  at  ten  o'clock. 


JUNE  28]  BALTIMORE   WANTS  CONGRESS.  309 

June  £7th,  Sunday. — Called  on  Scott  this  morning.  Went 
to  walk,  but  the  heat  was  insupportable.  Returned  to  my 
lodgings.  Spent  the  residue  of  the  day  in  writing  letters, 
reading,  etc. 

June  28th,  Monday. — Met  at  ten  on  the  Post-Office  Com 
mittee,  but  such  running  and  caballing  of  the  Senators  nothing 
could  be  done.  Stephen  Moore's  bill  the  first  business. 
Izard  made  a  long  speech,  telling  how  injurious  it  would  be 
for  tliis  man  if  the  bill  did  not  pass,  etc.,  and  would  now  let 
the  question  be  put  until  the  Senate  was  full.  It  was  carried. 

Xow  the  Baltimore  vote  was  read.  Carrol  and  Lee  moved 
to  postpone  it.  It  was  postponed.  Carrol  now  moved  to 
read  some  representations  from  Baltimore  and  Georgetown. 
This  was  complied  with.  Carrol  surprised  me  by  taking  me 
out  and  requesting  me  to  move  the  insertion  of  Baltimore  for 
the  permanent  residence.  Said  he  wished  it  to  be  put  and 
negatived.  This  had  a  crooked  aspect.  I  declined  it.  Izard, 
however,  moved  this  very  thing,  and  Walker  told  me  it  was 
expected  that  he  would  do  it.  I  called  for  the  amendment 
proposed  on  Friday,  but  Carrol  got  up  and  washed  the  vote 
on  Baltimore.  It  w^as  negatived. 

Carrol  now  got  up  with  the  amendments.  He  surprised 
us  with  his  slowness.  We  wrangled  on  till  nearly  three 
o'clock,  calling  yeas  and  nays  on  almost  every  question — but 
for  these  vide  the  minutes.  When  we  came  to  the  blank  for 
the  place  of  temporary  residence — and  by  the  by  there  was  no 
blank  in  the  amendment  which  Carrol  read  on  Friday,  but  he 
was  now  suffered  by  Adams  to  proceed  on  the  original  bill. 
He  evidently  waited  and  paused  until  Izard  moved  to  fill  the 
blank  with  Xew  York.  ISTow  we  had  the  warmest  debates  of 
the  day.  Mr.  Morris  took  no  part  whatever.  Langdon  and 
myself  were  the  warmest.  The  question  was  put  at  three 
o'clock  and  carried  for  !New  York — thirteen  to  twelve.  Colo 
nel  Gunn  has  been  absent  all  day — designedly,  it  is  supposed. 

This  day  the  [Pennsylvania]  delegation  had  invited  the  Yice- 
President  and  the  other  officers  of  the  General  Government  to 
dinner.  The  Chief-Justice  and  the  Yice-President  did  not 
attend.  The  three  Secretaries  were  with  us.  The  discourse 
before  dinner  turned  on  the  manner  of  doing  business  in  the 


310  THE  THREE  SECRETARIES.  [1790 

Senate.  It  was  remarked  that,  as  every  question  of  moment 
was  carried  only  by  one  majority,  or  for  the  most  part  by  the 
casting  vote  of  the  Yice-President,  it  might  be  as  well  to  vest 
the  whole  senatorial  power  in  the  President  of  the  Senate. 
The  fact  really  is  as  it  was  stated.  But  they  did  not  mention 
the  fact  that  Hamilton  and  his  New  York  junto  do  business 
on  the  principles  of  economy,  and  do  not  put  themselves  to  the 
expense  of  hiring  more  than  just  the  number  necessary  to 
carry  their  point.  This  is  a  deplorable  truth  with  respect  to 
our  Senate,  and  certainly  is  a  foul  evil  at  the  root  of  our  legis 
lation. 

I  could  not  help  making  some  remarks  on  our  three  Sec 
retaries.  Hamilton  has  a  very  boyish,  giddy  manner,  and 
Scotch-Irish  people  could  well  call  him  a  u  skite."  Jefferson 
transgresses  on  the  extreme  of  stiff  gentility  or  lofty  gravity. 
Knox  is  the  easiest  man,  and  has  the  most  dignity  of  presence. 
They  retired  at  a  decent  time,  one  after  another.  Knox 
stayed  the  longest,  as  indeed  suited  his  aspect  best,  being  more 
of  a  Bacchanalian  figure. 

June  29th. — The  Tonnage  bill  was  taken  up  and  committed. 
This  bill  uses  the  same  rates  of  tonnage  as  the  old  bill,  and 
why  it  was  brought  forward  is  more  than  I  can  say,  unless  it 
was  solely  to  employ  time.  A  bill  to  make  compensation  to 
one  Gould  was  also  committed. 

And  now  the  Residence  bill  was  taken  up.  The  joy  of  the 
Yorkers  made  them  cry  out  for  an  adjournment  when  they 
had  filled  one  of  the  blanks.  Now  the  other  was  to  be  filled 
with  the  time  of  the  temporary  residence.  It  was  carried  for 
ten  years,  and  Carrol  voted  for  it :  thirteen  to  twelve.  But 
now  the  question  was  taken  on  the  clause,  and  the  whole  was 
rejected  :  sixteen  to  nine.  Now  Izard  and  the  adherents  of 
New  York  showed  visible  perturbation  and  bounced  at  a 
strange  rate.  I  looked  at  Carrol,  and  got  him  to  rise  with  his 
clause,  ten  years  for  Philadelphia.  Why  he  kept  it  back  so 
long  explains  itself. 

Schuyler  and  King  offered  to  amend  it  by  dividing  the 
time,  five  years  to  each  place.  Long  debates  here.  The  ques 
tion  was  lost :  thirteen  to  thirteen,  the  Yice-President  against. 
They  now  moved  Baltimore.  Lost  it :  ten  to  sixteen.  Butler 


JUNE  30]  "CONVULSE  THE  UNION."  311 

now  moved  to  stay  two  years  in  New  York :  thirteen  to  thir 
teen,  the  Vice-President  against.  The  question  was  put  on 
the  clause  :  thirteen  to  thirteen,  Yice-President  against.  So 
the  clause  was  lost.  The  question  was  now  put,  "  Shall  the  bill 
pass  to  a  third  reading  ? "  The  noes  certainly  had  it,  but  the 
House  did  not  divide,  and  an  adjournment  obtained  before 
anything  more  was  finished. 

In  the  course  of  King's  speech,  I  noted  down  the  follow 
ing  words,  "convulse  the  Union,"  etc.  This,  as  he  stated 
it,  would  be  the  effect  of  removing  from  New  York.  In  my 
reply  I  mentioned  the  words.  He  denied  that  he  had  used  such 
words.  Mr.  Morris  was  the  first  to  cry  out  that  he  did  not  use 
any  such  words.  From  the  drift  of  chaff  and  feathers  it  is 
seen  how  the  wind  blows.  Mr.  Morris  did  not  rise  this  day 
nor  yesterday ;  I  might  speak  or  let  it  alone — he  has  never 
said  one  word  except  giving  me  the  above  contradiction.  Mr. 
Wyngate  and  sundry  other  members  declared  he  [King]  did 
use  them,  but,  as  he  chose  to  retract,  I  passed  it  by  as  words 
that  had  never  been  spoken. 

June  30th. — I  called  early  at  the  Hall.  Langdon  only 
there.  Went  and  paid  off  my  bill  for  Monday,  twenty-eight 
shillings,  the  price  of  a  two  days'  headache.  When  I  came  to 
the  Hall,  Dr.  Elmer  told  me  that  Carrol  &  Co.  were  using 
every  endeavor  to  pass  the  bill  to  a  third  reading  without  any. 
thing  of  the  temporary  residence.  Here  we  certainly  had 
every  right  to  leave  them,  yet  Walker  said  they  would  drop 
Philadelphia  if  we  would  not  go  with  them.  I  am  fully  satis 
fied  that  they  have  had  an  under  plot  on  hand  all  this  time 
with  the  Yorkers.  Carrol,  finding  the  bill  could  not  be  carried 
to  a  third  reading,  moved  a  reconsideration  of  the  Philadel 
phia  clause.  But  he  was  out  of  order,  not  having  been  of  the 
majority.  I  passed  the  word  to  get  Butler  to  move,  as  he  had 
been  of  that  side.  He  did  so,  after  talking  almost  half  an 
hour.  It  was  reconsidered  and  adopted,  fourteen  to  twelve, 
Butler  changing  his  ground.  Before  we  could  get  a  question 
on  the  paragraph,  they  moved  the  question  of  five  years  in 
New  York  and  five  in  Philadelphia.  Lost :  twelve  to  four 
teen.  Then  to  stay  two  years  in  New  York.  This  Butler 
joined  them  in,  and  the  House  stood  thirteen  and  thirteen. 


312  ADAMS  VOTES  FOR  PHILADELPHIA.  [1790 

The  Vice-President  gave  us  a  long  speech  on  the  orderly  con 
duct,  decent  behavior  of  the  citizens  of  Kew  York,  especially 
in  the  gallery  of  the  other  House  ;  said  no  people  in  the  world 
could  behave  better.  I  really  thought  he  meant  this  lavish 
praise  as  an  indirect  censure  on  the  city  of  Philadelphia,  for 
the  papers  have  teemed  with  censorious  charges  of  their  rude 
ness  to  the  members  of  public  bodies.  Be  that,  however,  as 
it  may,  he  declared  he  would  go  to  Philadelphia  without  stay 
ing  a  single  hour,  and  gave  us  his  vote.  I  think  it  was  well 
he  did  not  know  all,  for,  had  he  given  this  vote  the  other  way, 
the  whole  would  have  been  lost.  The  question  on  the  passage 
to  the  third  reading  was  carried  :  fourteen  to  twelve. 

Mr.  Langdon  now  moved  a  reconsideration  to  strike  out 
the  loan  of  the  one  hundred  thousand  dollars.  A  long  debate 
ensued.  It  was  evident  his  vote  would  turn  it.  This  I  men 
tioned  to  Walker.  "We  told  them,  however,  that  we  were  with 
them.  But  they  did  what  good  policy  directed.  They  gave 
the  matter  up,  and  the  appropriation  was  struck  out.  The 
question  on  the  bill  passing  to  a  third  reading  was  now  taken. 
Carried  :  fourteen  to  twelve. 

I  am  fully  convinced  Pennsylvania  could  do  no  better. 
The  matter  could  not  be  longer  delayed.  It  is,  in  fact,  the 
interest  of  the  President  of  the  United  States  that  pushes  the 
Potomac.  He  [Washington],  by  means  of  Jefferson,  Madison, 
Carrol,  and  others,  urged  the  business,  and,  if  we  had  not  closed 
with  these  terms,  a  bargain  would  have  been  made  for  the 
temporary  residence  in  Kew  York.  They  have  offered  to 
support  the  Potomac  for  three  years'  temporary  residence  (in 
New  York,  I  presume),  and  I  am  very  apprehensive  they 
would  have  succeeded  if  it  had  not  been  for  the  Pennsylvania 
threats  that  were  throwrn  out  of  stopping  all  business  if  an 
attempt  was  made  to  rob  them  of  both  temporary  and  perma 
nent  residence. 

July  1st. — Knowing  nothing  of  immediate  consequence,  I 
attended  the  Hall  early.  Took  a  seat  in  the  committee-room. 
Began  an  examination  of  the  journals  of  the  old  Congress 
touching  some  matters  before  us  in  committee.  Had  thus  an 
opportunity  at  the  members  as  they  came  in,  but  such  rushing 
and  caballing  of  the  Xew  England  men  and  Yorkers  ! 


JuLYl]  KING'S  LAMENTATIONS.  313 

When  the  minutes  were  read,  King  observed  that  the  yeas 
and  nays  were  not  inserted  on  the  motion  for  staying  two 
years  in  Xew  York.  The  Vice-President  and  Secretary  of  the 
Senate  botli  denied  that  they  were  taken,  but  I  believed  they 
erred.  This,  however,  I  did  not  consider  as  much  for  them. 
"We  read  the  Rhode  Island  Enumeration  [Census]  bill.  Com 
mitted  the  Settlement  bill  and  one  for  the  regulation  of 
seamen. 

And  now  came  the  residence.  Elswortfi  moved  that  the 
extent  of  the  Potomac  should  be  thirty  miles  above  and  thirty 
below  Hancocktown.  Lost.  Second  motion,  "  To  insert  the 
first  Monday  in  May,  instead  of  first  Monday  in  December, 
for  removal."  The  yeas  and  nays  equal.  And  now  John 
Adams  gave  us  one  of  his  pretty  speeches.  lie  mentioned 
many  of  the  arguments  for  removal,  and  concluded  that  jus 
tice,  policy,  and  even  necessity,  called  for  it. 

Xow  King  took  up  his  lamentations.  He  sobbed,  wiped 
his  eyes,  and  scolded  and  railed  and  accused,  first  everybody 
and  then  nobody,  of  bargaining,  contracting  arrangements  and 
engagements  that  would  dissolve  the  Union.  He  was  called 
on  sharply.  He  begged  pardon,  and,  blackguard-like,  railed 
again.  Butler  replied  in  a  long,  unmeaning  talk ;  repeated 
that  he  was  sure  the  honorable  gentleman  did  not  mean  him  ; 
and  yet,  if  there  really  was  any  person  to  whom  King's  mys 
terious  hints  would  apply,  Butler's  strange  conduct  marked 
him  as  the  most  proper  object  for  them.  Talk  followed  talk. 
It  was  evident  they  meant  to  spend  the  day.  Dr.  Johnson 
cried,  "  Adjourn !  "  "  Question  !  question ! "  re-echoed  from 
different  quarters  of  the  House.  Few  begged  leave  to  move 
an  amendment.  It  was  to  restore  the  appropriation  clause. 
It  was  lost,  and  at  last  we  got  the  question  on  transmitting  the 
bill  to  the  Representatives — yeas,  fourteen  ;  nays,  twelve. 

As  I  came  from  the  chamber  [Senate],  King  gave  me  a 
look.  I  replied,  "  King's  Lamentations."  "  That  won't  do," 
said  he.  When  we  were  down-stairs  he  turned  on  me,  and 
said,  "  Let  us  now  go  and  receive  the  congratulations  of  the 
city  for  what  we  have  done."  I  had  heard  so  much  and  so 
many  allusions  to  the  hospitality,  etc.,  I  thought  it  no  bad 
time  to  give  both  him  and  them  a  wipe.  "  King,  for  a  ses- 


314  NEW  YORKER'S  INHOSPITABLE.  [1790 

sion  of  near  six  months  I  have  passed  the  threshold  of  no  citi 
zen  of  New  York  ;  I  have  no  wish  to  commence  acquaintance 
now."  He  muttered  some  ejaculation  and  went  off.  In  truth, 
I  never  was  in  so  inhospitable  a  place.  The  above  declaration 
I  thought  it  not  amiss  to  make,  that  they  may  know  that  I  am 
not  insensible  of  their  rudeness ;  and,  further,  that  I  am  quite 
clear  of  any  obligations  to  them. 

July  %d. — Attended  the  committee  on  the  affair  of  Gould's 
bill.  There  did  not  appear  much  animation  in  the  House. 
That  keenness  of  look  and  eagerness  which  marked  all  our 
former  looks  had  departed  with  the  residence.  Elsworth 
moved  a  commitment  of  the  resolution  with  regard  to  the 
State  debts.  I  saw  we  were  taken  unawares  on  this  subject. 
They  carried  the  commitment  and  the  committee  both  against 
us.  Carrol  joined  them. 

"We  got  now  at  the  Indian  bill.  It  was  committed,  and 
now  we  have  joined  the  Post-Office  bill  and  debated  on  it  to 
the  adjournment. 

"Wyngate  told  me  this  day  of  a  violent  breach  having  hap 
pened  between  King  and  the  Massachusetts  men.  They  would 
not  vote  for  the  Potomac,  as  King  wished  them  to  do.  Had 
they  joined  the  Connecticut  and  York  votes,  we  would  have 
obtained  the  temporary  residence  on  much  worse  terms.  This 
is  still  further  proof  of  what  I  knew  before — that  there  was 
an  under-plot  and  a  negotiation  still  open  between  the  Poto 
mac  and  New  York.  The  Speaker  told  me  this  day  that  the 
assumption  [of  State  debts]  would  pass.  I  heard  him  with 
grief,  and  trust  I  may  yet  disbelieve  him.  He  dined  with  the 
President  yesterday. 

July  3d. — General  Irwin  called  early  on  me  this  morning. 
It  was  to  tell  me  that  King  and  Lawrence  had  been  asserting 
with  great  confidence  that  we  had  bargained  to  give  the  as 
sumption  of  State  debts  for  the  residence,  etc,  ;  that  I  was  to 
go  away,  and  Carrol  to  vote  direct  for  it,  etc.  ;  that  a  very  great 
hubbub  was  raised  among  the  Southern  gentlemen,  etc.  I  could 
only  tell  him  that  it  was  false,  and  much,  indeed,  as  I  wished  to 
see  my  family,  that  now  home  I  would  not  go  ;  that  I  would 
stay,  and  he  was  at  liberty  to  say  so.  I  called  on  Williamson 
as  I  went  to  the  Hall,  and  on  Hawkins,  and  told  them  so. 


JULYS]  NEW  YORK  CHARACTER.  315 

These  Yorkers  are  the  vilest  of  people.  Their  vices  have 
not  the  palliation  of  being  manly.  They  resemble  bad  school 
boys  who  are  unfortunate  at  play :  they  revenge  themselves 
by  telling  notorious  thumpers.  Even  the  Xew  England  men 
say  that  King's  character  is  detestable — a  perfect  canvas  for 
the  devil  to  paint  on  ;  a  groundwork  void  of  every  virtue. 

Senate  sat  until  three  on  the  Post-Office  bill,  but  the  debates 
were  unimportant. 

When  I  came  in,  the  Speaker  told  me  that  the  York  malevo 
lence  was  showing  itself  in  curious  caricatures,  in  ridicule  of 
the  Pennsylvanians,  etc. 

July  Jfth. — Being  Sunday,  was  celebrated  only  by  the  firing 
of  cannon  about  noon.  I  walked  to  Scott's  lodgings.  He 
came  home  with  me.  He  showed  a  disposition  to  go  all  over 
the  arguments  which  I  had  used  in  the  Senate  on  that  subject. 
I  did  so  with  much  cheerfulness.  Spent  the  rest  of  the  day 
in  writing  letters  to  my  family  and  others.  I  called  this 
morning  on  Mr.  Lee,  and  showed  him  plainly,  as  I  thought, 
how  we  could,  by  a  side-wind  in  the  bill  for  the  settlement  of 
accounts,  give  the  assumption  a  decided  stroke.  I  promised  I 
would  see  him  to-morrow. 

July  5th. — I  was  detained  long  before  I  could  get  to  see 
Mr.  Lee.  He  had  consulted  Madison,  as  he  said,  and  had 
altered  the  amendment  in  point  of  form.  But  it  certainly 
was  much  more  obscure.  Said  he  would  second  the  motion  if 
I  made  it. 

The  Post-Office  bill  was  taken  up,  and  a  long  debate  [fol 
lowed]  whether  the  Postmaster  should  appoint  the  post-roads 
or  the  Congress  declare  them  so  by  law.  It  was  carried  in 
favor  of  the  Postmaster  doing  it. 

A  motion  was  made  that  Congress  should  adjourn  to  wait 
on  the  President,  with  the  compliments  of  the  day.  Xega- 
tived. 

A  second  motion  to  adjourn  one  hour,  for  the  above  pur 
pose,  lost.  Some  business  was  done,  and  a  second  motion  for 
adjournment  was  called.  All  the  town  was  in  arms ;  grena 
diers,  light  infantry,  and  artillery  passed  the  Hall,  and  the 
firing  of  cannon  and  small-arms,  with  beating  of  drums,  kept 
all  in  uproar.  This  motion  was  carried,  and  now  all  of  us 


316  WASHINGTON  AT  CHURCH.  [1790 

repaired  to  the  President's.  We  got  some  wine,  punch,  and 
cakes.  From  hence  we  went  to  St.  Paul's,  and  heard  the  anni 
versary  of  independence  pronounced  by  a  Mr.  B.  Livingston. 
The  church  was  crowded.  I  could  not  hear  him  well.  Some 
said  it  was  fine.  I  could  not  contradict  them.  I  was  in  the 
pew  next  to  General  Washington.  Part  of  his  family  and 
Senators  filled  the  seats  with  us.  Was  warm,  and  sweated  a 
good  deal. 

Some  say  that  the  Yorkers  will  make  a  desperate  resistance 
to-morrow.  Others  say  they  will  die  soft.  Jackson  gave  me 
this  day  the  President's  compliments  and  an  invitation  to  din 
ner  on  Thursday. 


JULY  6]  THE  SETTLEMENT  BILL. 


CHAPTER  XL 

THE    SETTLEMENT   AND   ASSUMPTION    BILLS. 

July  6th. — Was  called  on  early  this  morning  by  Mr.  Hanna, 
of  Harrisburg.  A  letter  from  Mr.  Harris  says  my  family  are 
well.  Attended  at  the  Hall  after  having  paid  some  visits. 
The  Post-Office  bill  was  passed  after  some  debate.  Gould's 
bill  was  rejected.  I  had  occasion  to  be  up  on  both  these  bills. 
]S^ow  came  the  Settlement  bill.  Mr.  Lee  had  spoiled  my 
amendment,  or  at  least  had  greatly  obscured  it ;  but,  if  I 
stirred  at  all,  I  must  use  his  motion,  and,  great  man  as  he  is, 
there  really  was  misspelling  in  it.  The  ground  I  took  was 
that  the  fifth  section  of  the  bill  laid  down  a  ratio  in  conse 
quence  of  which  there  must,  in  the  nature  of  things,  be  credit 
or  and  debtor  States.  The  sixth  section  told  us  how  the 
creditor  States  were  to  be  paid,  but  not  one  word  was  said  as 
to  the  debtor  States.  Paying  one  was  as  necessary  as  the 
other.  Justice  demanded  it.  Vide  my  amendment :  "  And 
those  States  against  whom  balances  shall  be  found  shall  have  a 
portion  of  their  State  debt,  which  shall  have  accrued  as  afore 
said,  left  charged  upon  them  equal  to  such  deficient  balance ; 
and  if  it  should  so  happen  that  the  whole  State  debt  of  any 
particular  State  shall  fall  short  of  such  balance,  such  deficiency 
shall  remain  charged  against  such  State  011  the  books  of  the 
Treasury." 

I  attacked  the  Secretary's  [Hamilton's]  system  of  supposi 
titious  balances  as  not  only  unjust,  and  a  total  departure  from 
acts  and  requisitions  of  Congress,  but  as  going  to  lay  great 
taxes  and  increase  the  volume  of  our  debt. 

Elsworth  and  Strong  answered.  King  admitted  every 
principle  which  I  had  laid  down,  but  wavered.  Lee  seconded, 


318  ANXIETY  IN  THE  SENATE.  [1790 

and  forsook  inc.  The  child  was  none  of  his.  I  really  thought 
I  had  the  best  of  the  arguments,  which  grew  bulky  and  by 
degrees  spread  over  all  our  fields  of  finance ;  but  on  the  ques 
tion  I  had  a  small  division  in  favor  of  the  motion. 

The  true  history  of  the  bill  is  that  it  has  been  fabricated 
by  the  Secretary's  people,  particularly  Fitzsimons,  and  is  meant 
as  a  mere  delusion  or  to  amuse  the  public,  for  they  seriously 
never  wish  the  accounts  to  be  settled.  But  a  show  must  be 
kept  up  of  giving  satisfaction  on  this  point.  As  to  myself,  I 
may  draw  a  lesson  from  Lee's  conduct,  to  bring  forward  my 
own  motions  only.  I  spoiled  the  amendment  to  obtain  his 
support,  and  he  saw  it  perish  with  the  indifference  of  a 
stranger. 

July  7th. — Attended  at  the  Hall.  Every  face  bore  the 
marks  of  anxious  expectation.  Schuyler  came  to  me  and 
owned  the  bill  for  the  settlements  of  accounts  was  to  the  full 
as  I  had  stated  it  yesterday,  and  showed  me  a  long  amend 
ment  ;  said  the  bill  should  be  committed.  Wished  me  to 
second  him.  I  readily  agreed  to  it,  and  now  we  went  on  the 
subject  of  debate.  I  was  not  alone,  as  yesterday.  I  supported 
my  old  system  of  ascertaining  the  expenses  of  the  war ;  agree 
ing  to  the  ratios  and  fixing  the  quotas ;  giving  certificates  to 
the  creditor  States  and  leaving  the  State  debts  on  the  debtors, 
respectively,  so  far  as  to  equalize  the  accounts.  Elsworth 
certainly  confused  himself.  He  wished  to  equalize  the  ac 
counts  by  credits  only,  taking  the  lowest  exertion  as  the  basis 
and  setting  off  to  each  State  in  proportion  to  it  and  funding 
all  over  it,  as  the  exertions  of  some  of  the  States  stood  nearly 
at  0.  This,  in  fact,  would  be  funding  nearly  the  whole  ex 
penses  of  the  war. 

Butler  had  a  third  system,  viz.,  take  no  notice  of  anything 
bygone,  but  divide  the  existing  debt  among  the  States.  I 
thought  it  strange  to  hear  my  colleague  declare  for  the  last 
opinion.  After  some  very  long  debate,  the  bill  was  com 
mitted. 

The  Secretary's  [Hamilton's]  people  got  the  advantage  of 
us  again.  A  bill  which  had  disappeared  a  long  while,  of  the 
most  futile  nature,  with  regard  to  relieving  certain  officers 
from  wThat  they  considered  as  a  grievance,  was  reported  on 


JULYS]       THE  SETTLEMENT  BILL  IN  THE   SENATE.  319 

favorably,  but  rejected.  This  same  bill,  or  at  least  one  ver 
batim  the  same,  had  been  rejected  by  us  formerly.  Some 
other  trifling  business  was  done,  and  we  adjourned. 

Sundry  questions  were  taken  in  the  House  of  Representa 
tives  on  the  Residence  bill.  The  decisions  hitherto  have 
been  favorable,  but  the  question  on  the  bill  has  not  yet  been 
taken. 

July  8th. — This  day  was  slack  in  the  Senate  until  the  re 
port  came  in  on  the  bill  for  the  settlement  of  the  accounts. 
As  might  l)e  expected,  their  amendments  followed  the  Secre 
tary's  report,  or  nearly  so.  It  amounted  to  this:  That  the 
net  advances  of  the  States  should  be  made  an  aggregate,  and 
this  aggregate  divided  by  the  ratio  of  population  which  would 
fix  the  quotas.  Then  the  quotas,  compared  with  their  respect 
ive  advances,  would  determine  the  balances  or  credit,  or  turn 
out  just  equal.  And  here  it  was  agreed  to  leave  the  matter 
for  the  present,  as  the  bill  respected  the  ascertaining  the  bal 
ances  only,  and  left  the  payment  to  the  creditor  States  and  the 
payment  from  the  debtor  States  to  the  future  operation  of  the 
Legislature.  All  this  was  far  short  of  what  I  wanted,  and 
indeed  the  bill  will  turn  out,  as  I  fear,  a  mere  delusion.  But 
under  its  present  form  the  State  debts  must  be  embraced  in 
the  accounts,  if  the  commissioners  do  their  duty ;  and  if  so, 
this  will  operate  as  a  reason  why  they  should  not  be  assumed. 

I  was  called  out  by  Mr.  Han.ua,  who  was  just  setting  off 
home.  I  wrote  a  hasty  line  by  him  to  Charles  Biddle  that 
the  votes  stood  this  day  twenty-eight  to  thirty-three  on  the 
residence. 

Stayed  at  the  Hall  until  four  o'clock,  and  went  to  dine 
with  the  President.  It  was  a  great  dinner,  in  the  usual  style, 
without  any  remarkable  occurrences.  Mrs.  Washington  was 
the  only  woman  present. 

I  walked  from  the  President's  with  Mr.  Fitzsimons  part  of 
the  way  to  his  lodgings.  He  really  seemed  good-humored  and 
as  if  he  wished  to  be  on  good  terms  with  me.  Clymer  called 
at  our  lodgings  in  the  evening,  and  seemed  condescending  and 
good-humored  in  a  remarkable  degree,  but  all  in  the  clumps 
again  about  the  residence ;  only  thirty  real  friends  to  the  bill 
in  the  House  of  Representatives,  etc. 


320  INDIANS  NORTHWEST  OF  THE  OHIO.  [1790 

It  is  time,  indeed,  that  this  business  should  be  settled,  for 
all  our  affairs  are  poisoned  by  it. 

Nothing  can  be  plainer  than  the  simple  mode  of  debtor 
and  creditor  for  the  settlement  of  the  public  accounts  of  the 
Union.  But  the  State  of  South  Carolina  is  most  miserably  in 
arrears,  and  wishes  to  avoid  all  settlement,  or  to  have  such  a 
partial  one  as  will  screen  her  defects.  She  has  been  devoted 
to  New  York  on  the  subject  of  the  residence.  Therefore 
New  York  (or  I  should  rather  write,  Hamilton)  labors  inces 
santly  to  confuse,  embarrass,  and  confound  all  settlement. 
The  thing  can  not  be  openly  denied,  but  they  will  involve  it 
in  so  many  difficulties  as  will  either  prevent  it  altogether,  or 
render  it  useless  if  it  should  take  place. 

July  9th. — Attended  at  the  Hall  at  the  usual  time.  There 
was  much  whispering  of  the  members — Elsworth,  Strong,  and 
Izard.  We  had  a  bill  for  regulating  the  intercourse  with  the 
Indians,  which  has  passed — a  vile  thing  which  may  be  made 
the  basis  of  much  expense.  Superintendents  are  to  be  ap 
pointed,  although  the  superintendence  of  the  Indians  in  the 
government  northwest  of  the  Ohio  is  already  vested  in  the 
Governor,  and  so  south  of  the  Ohio.  By  and  by  we  shall 
have  a  call  for  their  salaries.  It  really  seems  as  if  we  were  to 
go  on  making  offices  until  all  the  Cincinnati  are  provided  for. 

The  Settlement  bill  engaged  us  warmly  for  the  most  of  the 
day.  The  object  was  to  find  the  balances  due  to  the  creditor 
States  and  how.  Ingenuity  itself  is  tortured  to  find  ways  and 
means  of  increasing  the  public  demands  and  passing  by  and 
rendering  the  State  governments  insignificant.  I  declared 
what  I  thought  plainly  on  the  subject — that  the  bill  was  one 
for  the  settlement  but  not  the  payment  of  the  respective  bal 
ances;  that  the  old  Confederation  clearly  contemplated  the 
payment  of  the  balances  from  the  delinquent  States  to  the 
creditor  States ;  that  every  act  of  the  old  Government  carried 
this  on  the  face  of  it ;  that,  although  we  could  not  lay  unequal 
taxes,  yet  the  adoption  of  the  new  Constitution  did  not  go  to 
the  discharge  of  just  debts  due  from  the  States  which  might 
be  hereafter  found  debtors,  and  that  Congress  certainly  had 
the  power  of  liquidating  the  balances  and  making  the  demands 
from  the  debtor  States. 


JULY  11]    SPECULATORS  AGAINST  WILLIAM  MACLAY.  321 

The  bill,  after  a  long  debate,  passed  on  the  principle  of  a 
Settlement  bill  only. 

I  find,  by  letters  which  I  have  received,  that  the  public 
creditors  are  to  be  the  body  who  are  to  rise  in  judgment 
against  me  and  try  to  expel  me  from  the  Senate.  This  is 
only  what  I  expected.  Nor  are  they  the  only  ones.  The 
adoption  of  the  new  Constitution  raised  a  singular  ferment  in 
the  minds  of  men.  Every  one  ill  at  ease  in  his  finances  ; 
every  one  out  at  elbows  in  his  circumstances  ;  every  ambitious 
man,  every  one  desirous  of  a  short  cut  to  wealth  and  honors, 
cast  their  eyes  on  the  new  Constitution  as  the  machine  which 
could  be  wrought  to  their  purposes,  either  in  the  funds  of 
speculation  it  would  afford,  the  offices  it  would  create,  or  the 
jobs  to  be  obtained  under  it.  Not  one  of  these  has  found  a 
patron  in  me.  In  fact,  I  have  generally  set  my  face  against 
such  pretensions.  As  such  men  are  generally  wanting  in  vir 
tue,  their  displeasure — nay,  their  resentment — may  be  expected. 
"  Why,  you  want  nothing  neither  for  yourself  nor  friends  !  " 
said  a  Senator  one  day  to  me  in  some  surprise.  It  was  some 
what  selfish,  but  I  could  not  help  uttering  a  wish  that  he  could 
say  so  with  truth  of  every  one. 

July  10th. — Being  Saturday,  the  Senate  did  not  meet,  but 
I  went  to  the  Hall  by  a  kind  of  instinct  created  by  custom, 
somewhat  like  a  stage-coach  which  always  performs  its  tour 
whether  full  or  empty. 

I  met  King  and  Langdon  here.  We  spent  an  hour  or  two 
in  very  familiar  chat.  Nothing  worth  noting  unless  it  was 
the  declaration  of  King  that  a  bargain  was  certainly  made  on 
the  subject  of  the  residence  to  obtain  at  least  one  vote  in  the 
room  of  his  [King's],  as  it  was  most  likely  he  would  vote 
against  the  assumption  if  the  residence  went  to  Philadelphia. 
I  wTas  astonished  at  King's  owning  this,  which,  in  fact, 
amounted  to  this :  that  he  had  engaged  his  vote  for  the  as 
sumption  if  the  residence  stayed  in  New  York. 

July  llth,  Sunday. — This  was  with  me  a  very  dull  day.  I 
read  at  home  ;  wrote  the  usual  letters  to  my  family  and  other 
correspondents.  After  dinner,  walked  alone  out  on  the  commons 
beyond  the  Bowery  wherever  I  could  find  any  green  grass  or 
get  out  of  the  dust,  which  was  very  troublesome  on  the  roads. 
21 


322  HAMILTON    GETS  HIS  MAJORITY.  [1790 

July  12th,  Monday. — Attended  at  the  Hall  at  the  usual 
time.  We  received  two  messages  from  the  Representatives, 
one  of  them  containing  the  Residence  bill.  We  had  consid 
erable  debate  on  the  Post-Office  bill.  Insisted  on  our  amend 
ments  and  appointed  a  committee  to  confer.  Insisted  on  our 
amendment  to  the  Indian  Intercourse  bill,  and  passed  the  ton 
nage.  This  bill  deserves  a  remark. 

This  bill  is  in  every  respect  the  same  as  the  old  one,  bating 
the  remission  of  some  unintentional  severities  which  had  fallen 
on  some  fishermen  and  coasters,  which  were  remitted.  The 
taking  all  the  time  and  passing  all  the  forms  of  a  new  bill, 
would  perhaps  bear  an  interpretation  as  if  we  feared  running 
out  of  work. 

A  motion  was  made  for  taking  up  the  Funding  bill,  but 
withdrawn.  No  other  serious  business  was  gone  on.  The 
House  adjourned. 

A  number  of  us  gathered  in  a  knot  and  got  on  the  subject 
of  the  assumption,  the  report  of  which  had  just  been  handed 
in  by  Mr.  Carrol.  It  was  in  favor  of  it.  And  now  from 
every  appearance  Hamilton  has  got  his  number  made  up.  He 
wanted  but  one  vote  long  ago.  The  flexible  Read  was  bent 
for  this  purpose  some  time  ago,  and  Carrol  having  joined  to 
make  up  the  defection  of  King.  The  mine  is  ready  to  be 
sprung.  Since  I  am  obliged  to  give  up  Carrol's  political  char 
acter,  I  am  ready  to  say,  "  Who  is  the  just  man  that  doeth 
right  and  sinneth  not  ?  " 

The  sum  they  have  reported  to  be  assumed  is  twenty-one 
million  dollars.  This  is  most  indubitably  to  cover  the  specula 
tions  that  have  been  made  in  the  State  debts.  The  assumption 
will  immediately  raise  the  value  of  State  securities  and  enable 
those  people  who  have  plunged  themselves  over  head  and  ears 
in  those  speculations  to  emerge  from  impending  ruin  and  se 
cure  them  the  wages  of  speculation.  The  report  is  ordered  to 
be  printed.  After  dismissing  this  subject,  we  got  on  the  pros 
pect  of  an  approaching  war  between  Spain  and  England. 
Here  was  a  large  field  for  conjecture,  and  we  indulged  our 
fancies  on  the  subject  until  near  three  o'clock. 

Here  I  will  note  down  an  observation  which  I  wonder 
never  made  an  impression  on  the  Pennsylvanians.  Every 


JULY  13]    THE  ASSUMPTION  OF  TWENTY-ONE  MILLIONS.     323 

State  is  charged  with  having  local  views,  designs,  etc.  Could 
any  motive  of  this  kind  be  justly  chargeable  on  our  State  in 
adopting  the  Constitution  ?  By  our  imposts  we  laid  many  of 
the  neighboring  States  under  contribution — part  of  Jersey, 
Delaware,  part  of  Virginia,  and  almost  the  whole  of  the  West 
ern  country.  It  appears  one  fourth  of  the  whole  impost  is 
received  at  Philadelphia.  This  was  a  great  sacrifice.  Query  : 
Did  our  politicians  ever  think  of  this  advantage  ? 

July  13th. — I  attended  this  day  at  the  Hall  at  the  usual 
time,  or  rather  sooner.  General  Schuyler  only  was  before 
me.  Our  Yice-President  came  next.  They  sat  opposite  me, 
and  had  a  long  chat  on  various  subjects,  but  nothing  very  in 
teresting.  Mr.  Morris  came  at  last. 

The  resolution  for  the  assumption  of  twenty-one  millions 
of  the  State  debt  was  taken  up.  This  was  perhaps  the  most 
disorderly  day  we  ever  had  in  the  Senate.  Butler  was  irregu 
lar  beyond  all  bearing.  Mr.  Morris  said  openly  before  the 
Senate  was  formed,  "  I  am  for  a  six-per-cent  fund  on  the 
whole,  and,  if  gentlemen  will  not  vote  for  that,  I  will  vote 
against  the  assumption."  I  thought  him  only  in  sport.  But 
he  three  times  in  Senate  openly  avowed  the  same  thing,  de 
claring  he  was  in  judgment  for  the  assumption,  but,  if  gentle 
men  would  not  vote  for  six  per  cent,  he  would  vote  against  the 
assumption  and  the  whole  Funding  bill.  His  adding  the  Fund 
ing  bill  along  with  it  in  the  last  instance  operated  as  some 
kind  of  palliation.  But  I  really  was  struck  with  astonishment 
to  hear  him  offer  his  vote  for  sale  in  so  unreserved  a  manner. 
Izard  got  up  and  attacked  him  with  asperity.  Mr.  Morris  rose 
in  opposition.  Then  Izard  declared  he  did  not  mean  Mr.  Mor 
ris,  so  much  did  he  fear  the  loss  of  his  vote.  But  his  invective 
was  inapplicable  to  anybody  else.  I  was  twice  up  and  bore 
my  most  pointed  testimony  against  the  assumption.  It  was 
insuring  a  certain  debt  on  uncertain  principles.  The  certain 
effect  was  the  incurring  and  increasing  our  debt  by  twenty-one 
millions  by  mere  conjecture. 

This  debt  was  already  funded  by  the  States,  and  was  in 
train  of  payment.  Why  not  settle  and  let  us  see  how  the  ac 
count  stands  before  the  States  are  discharged  of  their  State 
debts  ?  I  alleged  the  funds  on  which  these  debts  were  charged 


324        THE  ASSUMPTION  OF  TWENTY-ONE  MILLIONS.       [1790 

by  the  States  were  those  which  these  States  could  pay  with 
the  greatest  facility,  as  every  State  had  facilities  of  this  kind. 
The  transferring  the  debt  to  any  general  fund  would  lose  these 
local  advantages.  It  was  dealing  in  the  dark  ;  we  had  no  au 
thentic  evidence  of  these  debts.  If  it  was  meant  as  an  experi 
ment  how  far  people  would  bear  taxation,  it  was  a  dangerous 
one.  I  had  no  notion  of  drilling  the  people  to  a  service  of 
this  kind,  etc.  But  I  can  not  pretend  to  write  all  I  said. 

Mr.  Morris  has  twice  this  day  told  me  what  great  disturb 
ances  there  would  be  in  Pennsylvania  if  six  per  cent  was  not 
carried.  I  considered  these  things  as  threats  thrown  out 
against  my  reappointment  [to  the  Senate],  But,  be  it  so  ;  so 
help  me  God,  I  mean  not  to  alter  one  tittle  !  I  am  firmly 
determined  to  act  without  any  regard  to  consequences  of  this 
kind.  Every  legislator  ought  to  regard  himself  as  immortal. 

July  Hth. — This  day  the  resolutions  on  the  assumption 
were  taken  up.  I  am  so  sick  and  so  vexed  with  this  angry 
subject  that  I  hate  to  commit  anything  to  writing  respecting 
it.  I  will,  however,  seal  one  of  the  copies  of  it  in  this  book 
as  a  monument  of  political  absurdity.* 

*  [THE  ASSUMPTION  BILL — COPY.] 
Congress  of  the  United  States— in  Senate,  July  the  12th,  1790. 

The  committee  appointed  July  the  2d,  1790,  reported  as  follows: 

Whereas,  A  provision  for  the  debt  of  the  respective  States  by  the  United 
States  would  be  greatly  conducive  to  an  orderly,  economical,  and  effectual 
arrangement  of  the  public  finances ;  would  tend  to  an  equal  distribution  of 
burthens  among  the  citizens  of  the  several  States ;  would  promote  more 
general  justice  to  the  different  classes  of  public  creditors,  and  would  serve 
to  give  stability  to  public  credit ;  and 

Whereas,  The  said  debts  having  been  effectually  contracted  in  the  prose 
cution  of  the  late  war,  it  is  just  that  such  provision  should  be  made : 

Resolved,  That  a  loan  be  proposed  to  the  amount  of  twenty-one  millions 
of  dollars,  and  that  the  subscriptions  to  the  said  loan  be  received  at  the 
same  time  and  places,  by  the  same  persons,  and  upon  the  same  terms  as  in 
respect  to  the  loans  which  may  be  possessed  concerning  the  domestic  debt 
of  the  United  States,  subject  to  the  exceptions  and  qualifications  hereafter 
mentioned.  And  the  sums  which  shall  be  subscribed  to  the  said  loan  shall 
be  payable  in  the  principal  and  interest  of  the  certificates  or  notes  which, 
prior  to  the  first  day  of  January  last,  were  issued  by  the  respective  States  as 
acknowledgments  or  evidences  of  debts  by  them  respectively  owing,  and 
which  shall  appear  by  oath  or  affirmation  (as  the  case  may  be)  to  have  been 
the  property  of  an  individual  or  individuals  or  body  politic,  other  than  a 


JULY  14]  THE  ASSUMPTION  BILL. 

It  has  friends  enough — fourteen  to  twelve — so  far,  but  I 
am  not  without  hopes  of  destroying  it  to-morrow.  I  am  now 
convinced  that  there  must  have  been  something  in  the  way  of 
the  bargain,  as  King  alleged  on  Saturday.  It  must  have  been 
managed  with  Butler.  Elsworth  at  one  time  this  day  used  the 
following  words :  u  Xo  man  contemplated  a  final  liquidation 
of  the  accounts  between  the  United  States  and  the  individual 
States  as  practicable  or  probable."  I  took  them  down  and 
showed  them  to  Mr.  Morris  and  Mr.  Walker.  He  observed 
me,  and  after  some  time  got  up  and,  in  the  course  of  speaking, 
said,  "  A  settlement  was  practicable,  and  we  must  have  it." 

State,  on  the  said  first  day  of  January  last.  Provided,  that  no  greater  sum 
shall  be  received  in  the  certificates  of  any  State  than  as  follows.  That  is 
to  say : 

In  those  of  Xew  Hampshire -$300,000 

In  those  of  Massachusetts 4,000.000 

In  those  of  Rhode  Island  and  Providence  Plantations. . .  200,000 

In  those  of  Connecticut 1,600,000 

In  those  of  Xew  York 1,200,000 

In  those  of  Xew  Jersey 800,000 

In  those  of  Pennsylvania 2,200,000 

In  those  of  Delaware 200.000 

In  those  of  Maryland 800,000 

In  those  of  Virginia 3,200,000 

In  those  of  North  Carolina 2.200,000 

In  those  of  South  Carolina 4.000,000 

In  those  of  Georgia 300,000 


$21,000,000 

And  provided  that  no  such  certificate  shall  be  received  which,  from  the 
tenor  thereof  or  from  any  public  record,  act,  or  document,  shall  appear  or 
can  be  ascertained  to  have  been  issued  for  any  purpose  other  than  compensa 
tions  and  expenditures  for  service  or  supplies  toward  the  prosecution  of  the 
late  war,  and  the  defense  of  the  United  States  or  some  part  thereof  during 
the  same. 

Resolved,  That  the  interest  upon  the  certificates  which  shall  be  received 
in  payment  of  the  sums  subscribed  toward  the  said  loans  shall  be  computed 
to  the  last  day  of  the  year  one  thousand  seven  hundred  and  ninety-one  in 
clusively,  and  the  interest  upon  the  stock,  which  shall  be  created  by  virtue 
of  the  said  loan,  shall  commence  or  begin  to  accrue  on  the  first  day  of  the 
year  one  thousand  seven  hundred  and  ninety-two,  and  shall  be  payable 
quarter-yearly,  at  the  same  time  and  in  like  manner  as  the  interest  on  the 
stock  to  be  created  by  virtue  of  the  loan  that  they  may  possess  in  the  do 
mestic  debt  of  the  United  States. 

Resolved,  That  if  the  whole  sum  allowed  to  be  subscribed  in  the  debt  or 
certificates  of  any  State  as  aforesaid  shall  not  be  subscribed  within  the  time 
for  that  purpose  limited,  such  State  shall  be  entitled  to  receive,  and  shall 


326  THB  ASSUMPTION  BILL.  [1790 

lie  will  absolutely  say  anything,  nor  can  I  believe  that  he  has 
a  particle  of  principle  in  his  composition. 

Mr.  Morris,  Langdon,  and  others,  moved  to  strike  out  the 
third  section.  We  of  the  opposition  joined  Elsworth  and  kept 
it  in.  The  State  of  Pennsylvania  has  not  but  about  one  mill 
ion  of  existing  State  debt.  This  clause,  if  the  vile  bill  must 
pass,  may  be  considered  as  in  her  favor,  more  especially  if 
they  prevail  and  prevent  a  settlement  of  the  accounts. 

I  saw  Mr.  Pettit  yesterday  at  the  levee,  and,  as  I  was  ad 
vised  by  letter  that  he  was  appointed  agent  for  the  settlement 
of  the  Pennsylvania  accounts  with  the  Union,  I  waited  on  him 
with  great  joy,  hoping  for  much  information  on  the  subject. 
But  what  disappointment !  He  could  tell  me  nothing  about 
them,  but  came  here  to  gain  information  and  return  back 
again ;  seemed  to  speak  rather  unfriendly  of  the  Comptroller 
as  to  what  he  had  done  about  the  accounts.  This  surprised 
me.  He  quitted  the  subject  with  impatience,  and  attacked  me 
rather  with  rudeness  on  the  subject  of  the  public  debts.  I 
have  heard  him  spoken  of  as  smooth,  artful,  and  insinuating. 

receive  from  the  United  States,  at  the  rate  of  four  per  cent  per  annum  upon 
so  much  of  the  said  sum  as  shall  not  have  been  subscribed,  in  trust  for  the 
non-subscribing  creditors  of  such  State,  to  be  paid  in  like  manner  as  the  in 
terest  on  the  stock  which  may  be  created  by  virtue  of  the  said  loan,  and  to 
continue  until  there  shall  be  a  settlement  of  accounts  between  the  United 
States  and  the  individual  States,  and  in  case  a  balance  shall  then  appear  in 
favor  of  such  State,  until  provision  shall  be  made  for  the  said  balance. 

But  as  certain  States  have  respectively  issued  their  own  certificates,  in 
exchange  for  those  of  the  United  States,  whereby  it  might  happen  that  in 
terest  might  be  twice  payable  on  the  same  sums : 

Resolved,  That  the  payment  of  interest,  whether  to  States  or  to  indi 
viduals,  in  respect  to  the  debt  of  any  State,  by  which  such  exchange  shall 
have  been  made,  shall  be  suspended  until  it  shall  appear  to  the  satisfaction 
of  the  Secretary  of  the  Treasury  that  certificates  issued  for  that  purpose,  by 
such  State,  have  been  re-exchanged  or  redeemed,  or  until  those  which  shall 
not  have  been  exchanged  or  redeemed  shall  be  surrendered  to  the  United 
States.  And  it  is  further 

Resolved,  That  the  faith  of  the  United  States  be,  and  the  same  is  hereby 
pledged  to  make  like  provision  for  the  payment  of  interest  on  the  account 
of  the  stock  arising  from  subscriptions  to  the  said  loan,  with  the  provision 
which  shall  be  made  touching  the  loan  that  may  be  proposed  in  the  domestic 
debt  of  the  United  States ;  and  so  much  of  the  debt  of  each  State  as  shall 
be  subscribed  to  the  said  fund  shall  be  charged  against  such  State,  in  account 
with  the  United  States. 


JULY  15]      "  EIGHTY  POUNDS  FOR  THREE  POUNDS." 

He  certainly  displayed  none  of  these  qualities,  and,  as  to  the 
public  accounts,  he  seems  rather  as  an  agent  for  the  public 
creditors,  and  talked  of  the  settlement  as  a  very  distant  object. 
He  teased  me  to  tell  him  who  were  the  principal  holders  of 
certificates  in  Boston,  Newport,  New  York,  etc.,  declaring  that 
he  wished  to  correspond  with  them,  and  unite  with  them  in 
the  common  cause.  I  can  not  help  regarding  him  as  the  curse 
of  Pennsylvania. 

For  some  time  after  the  war  certificates  were  sold  as  low  as 
ninepence  on  the  pound.  John  Ray,  my  old  servant,  told 
me  that  he  sold  one  of  eighty  pounds  for  three  pounds,  and 
could  get  no  more.  But  it  appears,  by  a  remonstrance  of  the 
Executive  Council  of  the  Legislature  of  Pennsylvania,  entered 
on  their  minutes,  that  the  market  price  was  two  shillings 
sixpence  on  the  pound  at  the  time  of  passing  the  funding 
law.  Yet,  by  the  instrumentality  of  this  man  on  a  weak  (and 
in  some  cases  interested)  Legislature,  six  per  cent  was  given 
on  the  certificates,  or  forty-eight  per  cent  on  the  real  specie 
value.  This  Pennsylvania  paid  for  four  years.  As  the  certifi 
cates  were  generally  belowr  two  shillings  sixpence,  it  is  no  ex 
aggeration  to  say  every  speculator  doubled  his  money  in  four 
years,  and  still  has  the  certificates  on  which  he  expects  forty- 
eight  per  cent  with  respect  to  the  original  cost.  Thus  one 
hundred  pounds  specie  bought  eight  hundred  pounds  in  certifi 
cates  (perhaps  much  more).  These  certificates  brought  forty- 
eight  pounds  per  annum  for  four  years,  equaling  one  hundred 
and  ninety-two  pounds,  and  the  holders  of  certificates  remain 
as  clamorous  as  ever. 

July  15th. — The  business  of  the  Senate  was  soon  done  this 
day.  The  Yice-President  took  up  the  Funding  bill  without 
any  call  for  it.  Mr.  Morris  appeared  in  high  good  humor ; 
asked  me  if  anybody  had  taken  me  aside  to  communicate  any 
thing  to  me.  I  told  him  no.  But  it  was  easy  to  observe  that 
something  was  going  on.  He  said  there  was,  but  did  not  tell 
me  what  it  was,  nor  did  he  affect  to  know.  I  saw  Carrol 
writing  a  ticket  with  a  number  of  names  on  it,  sand,*  and  put 
it  by.  In  the  mean  time  up  rose  Els  worth  and  moved  that 

*  They  used  sand  in  those  days  instead  of  blotting-paper. 


328  DEBATE  ON  THE  ASSUMPTION.  [1790 

both  the  Funding  bill  and  the  resolutions  for  the  assumption 
should  be  referred  to  a  committee.  He  was  seconded  soon. 
Lee  rose ;  said  we  knew  no  good  could  come  from  a  commit 
ment.  Mr.  Morris  rose  ;  said  he  was  for  the  commitment ; 
that  they  might  be  made  in  one  law,  and  the  rate  of  interest 
fixed  at  six  per  cent.  I  rose ;  said  I  knew  of  but  two  ends 
generally  proposed  by  commitment — the  one  was  to  gain  in 
formation,  the  other  to  arrange  principles  agreed  on.  The 
first  was  out  of  the  question ;  the  second  only  could  be  the 
object ;  but  what  was  the  material  to  be  arranged  ?  A  bill 
originated  in  the  other  House,  and  resolves  on  the  assumption 
which  had  originated  in  this.  I  knew  the  opinion  of  many  of 
the  Representatives  wras  opposed  to  our  power  of  originating 
anything  relating  to  the  subject  of  the  public  debts.  Taking 
two  so  dissimilar  objects  together,  more  especially  if  our  pow 
ers  were  called  in  question,  was  the  way  to  lose  both.  Gentle 
men  hoped  much  good  from  this  measure.  I  wish  they  might 
not  be  disappointed ;  but  I  was  not  certain  of  anything  but 
delay,  which,  in  our  present  circumstances,  I  considered  as  an 
evil,  etc. 

The  Yice-President,  who  was  to  appearance  in  the  secret, 
seemed  impatient  until  I  had  done,  and  putting  the  question 
it  was  carried.  The  R —  -  were  all  the  six-per-cent  men  and 
all  the  assumption  men.  They  carried  the  committee,  all  of 
their  own  number.  This  done,  the  Senate  adjourned. 

Henry  came  and  sat  beside  me  a  good  while.  He  told  me 
that  Carrol  wrote  his  ticket  with  the  seven  names  (that  being 
the  number  of  the  committee)  before  any  business  whatever 
was  done.  This  I  had  observed  in  part  myself.  We  did  not 
need  this  demonstration  to  prove  that  the  whole  business  was 
prearranged,  nor  can  any  person  be  now  at  a  loss  to  discover 
that  all  three  subjects — residence,  assumption,  and  the  funds 
equivalent  to  six  per  cent — were  all  bargained  and  contracted 
for  on  the  principle  of  mutual  accommodation  for  private  in 
terest. 

The  President  of  the  United  States  has  (in  my  opinion) 
had  a  great  influence  in  this  business.  The  game  was  played 
by  him  and  his  adherents  of  A^irginia  and  Maryland,  between 
New  York  and  Philadelphia,  to  give  one  of  those  places  the 


JULY  16]      APPROPRIATION  FOR  INDIAN  TREATIES.  329 

temporary  residence,  but  the  permanent  residence  on  the  Po 
tomac.  I  found  a  demonstration  that  this  was  the  case,  and 
that  [New]  York  would  have  accepted  of  the  temporary  resi 
dence  if  we  did  not.  But  I  did  not  then  see  so  clearly  that 
the  abominations  of  the  funding  system  and  the  assumption 
were  so  intimately  connected  with  it.  Alas,  that  the  affection 
—nay,  almost  adoration — of  the  people  should  meet  so  un-  ' 
worthy  a  return  !  Here  are  their  best  interests  sacrificed  to 
the  vain  whim  of  fixing  Congress  and  a  great  commercial  town 
(so  opposite  to  the  genius  of  the  Southern  planter)  on  the  Po 
tomac,  and  the  President  has  become,  in  the  hands  of  Hamil 
ton,  the  dishclout  of  every  dirty  speculation,  as  his  name  goes 
to  wipe  away  blame  and  silence  all  murmuring. 

July  16th. — Senate  had  not  been  formed  but  a  few  min 
utes  when  a  message  from  the  President  of  the  United  States 
was  announced.  It  was  Lear,  and  the  signature  of  the  Presi 
dent  to  the  Residence  bill  was  the  communication. 

The  Pension  bill  came  up  from  the  House  of  Representa 
tives.  The  committee  on  the  Indian  bill  reported  that  twenty 
thousand  dollars,  in  addition  to  seven  thousand  in  the  hands  of 
the  Secretary  of  War  and  six  thousand  in  Georgia,  in  goods, 
should  be  granted  for  the  holding  treaties  with  the  Indians ; 
and  all  this  when  there  does  not  appear  a  shadow  of  reason  for  -7^ 
holding  a  treaty  at  all  with  any  Indians  whatever.  Opposition 
was  in  vain.  It  wras  carried. 

Now  Mr.  Morris  came,  raging  angry ;  said  and  swore  he 
would  vote  against  everything.  The  committee  had  agreed  to 
the  Secretary's  third  alternative  for  the  principal  and  three 
per  cent  on  the  interest  due,  and  he  had  left  them.  The  re 
port  came  in  after  some  time  and  it  was  proceeded  on.  I 
whispered  to  Mr.  Morris,  now  he  had  got  the  residence,  it  was 
our  province  to  guard  the  Union  and  promote  the  strength  of 
the  Union  by  every  means  in  our  power,  otherwise  our  prize 
would  be  a  blank.  I  told  him  I  would  move  a  postponement 
of  the  business  and  I  would  wish  a  meeting  of  the  delegation 
this  evening.  He  assented. 

A  vast  deal  was  said  on  the  subject  of  the  contract  and 
breach  of  obligation.  Then  I  rose  and  stated  that  I  had  no 
difficulty  on  that  head  ;  that  we  stood  here  as  legislators. 


330          SPECULATORS  VERSUS  ORIGINAL  HOLDERS.         [1790 

Judges  and  executive  officers  were  bound  to  observe  laws  and 
contracts  ;  but  justice  was  the  great  rule  which  we  should  gov 
ern  our  conduct  by.  The  holder  of  the  certificate  called,  "  Do 
me  justice."  But  the  original  performer  of  the  service,  who 
sold  it  for  one  eighth  part  of  the  nominal  value,  and  on  whom 
the  tax  to  make  it  good  is  about  to  fall,  cries,  "  Do  me  justice 
also." 

Both  sides  of  this  picture  ought  to  be  viewed  and  their 
relative  numbers  to  each  other.  No  guess  can  be  made  in  this 
matter,  but  by  comparing  the  number  of  speculators  with  the 
number  of  those  who  had  sold,  and  perhaps  the  ratio  would 
not  be  one  to  one  hundred.  It  was  also  true  there  was  a 
class  of  men,  the  original  holders,  who  were  not  embraced  in 
the  above  description ;  but  if  we  cast  our  eye  over  the  calami 
ties  of  the  late  war  they  would  appear  to  be  the  fortunate  char 
acters.  All  the  others  who  touched  Continental  money  were 
taxed  by  it,  and  it  finally  sunk  in  their  hands.  The  original 
holders  have,  if  not  the  whole  value,  at  least  something  to 
show,  etc.  I  hoped  for  the  progress  of  the  public  business, 
and  that  a  short  postponement  would  perhaps  bring  us  nearer 
together  and  moved  for  to-morrow ;  but  it  wras  not  carried. 

The  report  was  pushed  with  violence  and  all  carried,  twenty 
members  rising  for  it,  four  only  sat,  two  going  out.  The  Yice- 
President  said  twenty  for,  four  against.  When  they  came  to 
the  part  for  ingrafting  the  assumption  resolves  on  the  bill, 
Mr.  Lee,  with  what  assistance  I  gave  him,  retarded  the  busi 
ness  a  little.  When  I  spoke  I  endeavored  to  narrow  the 
ground  a  little,  and  spoke  solely  to  the  question  of  combining 
the  assumption  with  the  Funding  bill.  The  Funding  bill  was 
to  provide  for  the  domestic  debt  which  floated  at  large,  and 
was  at  this  time  in  no  train  of  payment. 

The  propriety  of  paying  the  foreign  and  domestic  debt 
was  admitted  by  every  person.  It  was  really  the  business 
which  brought  us  together.  But  here  we  must  not  pass  it, 
unless  we  tack  it  to  another,  which  we  considered  as  a  politi 
cal  absurdity.  This  was  contradicting  the  spirit  of  free  legis 
lation.  Every  subject  ought  to  hang  on  its  own  merits.  It 
was  offering  violence  to  our  understandings.  I  said  a  good 
deal  on  the  subject,  and  could  not  restrain  myself  from  going 


JULY  17]  A   CALL  OX   DR.   WILLIAMSON.  331 

into  the  merits  of  the  assumption.  But  I  might  as  well  have 
poured  out  speech  on  senseless  stocks  or  stones.  It  was  carried 
against  us,  fifteen  to  eleven.  A  committee  was  immediately 
appointed  to  make  the  arrangements.  AYe  adjourned. 

I  came  down-stairs,  and  all  the  speculators,  both  of  the 
Representatives  and  city,  were  about  the  iron  rails.  Ames 
and  Sedgwick  were  conspicuous  among  them.  The  Secretary 
[Hamilton]  and  his  group  of  speculators  are  at  last,  in  a  de 
gree,  triumphant.  His  gladiators,  with  the  influence  that  has 
arisen  from  six  dollars  per  day,*  have  wasted  us  months  in 
this  place.  But  I  can  not  see  that  I  can  do  any  further  good 
here,  and  I  think  I  had  better  go  home.  Everything,  even 
to  the  naming  of  a  committee,  is  prearranged  by  Hamilton 
and  his  group  of  speculators.  I  can  not  even  find  a  single 
member  to  condole  in  sincerity  with  me  over  the  political 
calamities  of  my  country.  Let  me  deliver  myself  from  the 
society  of  such  men,  for  I  verily  believe  the  sun  never  shone 
on  a  more  abandoned  composition  of  political  characters. 

July  17th. — Having  some  leisure  this  morning,  I  called  on 
Dr.  Williamson  and  told  him  my  intention  of  going  home. 
He  got  into  a  long  tale  of  his  settling  his  children  in  Phila 
delphia  and  taking  a  more  Northern  position  for  his  family 
than  Ts"orth  Carolina,  etc.  By  the  way,  I  would  only  remark 
he  has  one  child  only  born,  but  he  has  begotten  another,  as  he 
says.  But  no  gray-headed  man  ever  was  fuller  of  future  ar 
rangements  for  a  numerous  progeny. 

He  went  into  the  Hall  and  everybody  soon  had  it  that  I  was 
going  home,  etc.  I  went  from  here  and  called  on  Fitzsimons 
and  Clymer ;  told  them  I  wished  to  go  home,  but  had  no  ob 
jection  to  take  the  sense  of  the  delegation  on  the  measure. 
Fitzsimons  said  nothing,  but  looked  Go  to  the  devil,  as  I  thought. 
Clymer  spoke  most  pointedly  against  my  going ;  said  we 
would  lose  nine  votes  south  of  Virginia  on  a  postponement 
bill  which  was  going  to  be  brought  forward.  By  the  by,  we 
never  had  but  seven  from  that  quarter.  I  told  him  the  dele 
gation  were  to  dine  together  to-morrow ;  if  it  was  their  opinion 
that  I  should  stay,  I  would  do  so. 

*  The  pay  of  Congressmen  and  Senators. 


332  SPECULATION  IN  CONGRESS.  [1790 

Attended  at  the  Hall.  Little  was  done,  and  we  sat  waiting 
an  hour  for  the  committee  to  report  the  bill  with  amendments. 
It  was  done.  An  attempt  was  made  to  pass  it  immediately  by 
a  third  reading  down  to  the  House  of  Representatives.  It 
was  moved  that  it  should  be  printed.  This  was  opposed.  The 
Vice-Presideiit  gave  the  history  of  both  the  bill  and  the  resolu 
tions.  With  respect  to  order,  he  made  this  out  to  be  the  third 
reading ;  and  of  course  the  question  would  be,  the  sending  of 
it  to  the  Representatives. 

It  wras  now  proposed,  as  an  expedient,  that  the  Secretary 
[of  the  Senate]  should  read  the  bill  from  the  desk  for  infor 
mation  of  the  members.  This  obtained,  and  now  behold,  to  a 
great  many  innovations  and  amendments  a  whole  new  clause 
was  added  !  There  was  something  of  unfairness  in  this.  It 
was,  however,  ordered  to  be  printed  for  Monday. 

When  I  came  down-stairs,  Mr.  Clymer  came  to  where  I 
stood  with  General  Irwin.  We  talked  over  the  general  belief 
that  the  assumption  was  forced  on  us  to  favor  the  views  of  specu 
lation.  Mr.  Clymer  mentioned  one  contract  on  which  about 
eight  shillings  in  the  pound  had  been  cleared  on  eighty  thou 
sand  pounds.  General  Irwin  seemed  to  scruple  eight  shillings 
in  the  pound !  Mr.  Clymer  said  he  was  not  so  sure  of  the 
rate  cleared,  but  the  sum  speculated  on  was  eighty  thousand 
pounds.  Much  of  this  business  was  done  in  the  'Change  alley 
way.  Constable,  however,  is  known  in  the  beginning  of  the 
session  to  have  cleared  thirty-five  thousand  dollars  on  a  con 
tract  for  seventy  thousand  dollars.  The  whole  town  almost 
has  been  busy  at  it ;  and,  of  course,  all  engaged  in  influencing 
the  measures  of  Congress.  Xor  have  the  members  [of  Con 
gress]  themselves  kept  their  hands  clean  from  this  dirty  work  ; 
from  Wadsworth,  with  his  boat-load  of  money,  down  to  the 
daily  six  dollars,  have  they  generally  been  at  it.  The  unex 
ampled  success  has  obliterated  every  mark  of  reproach,  and 
from  henceforth  we  may  consider  speculation  as  a  congres 
sional  employment.  ^Nay,  all  the  abominations  of  the  South 
Sea  bubble  are  outdone  in  this  vile  business.  In  wrath,  I  wish 
the  same  fate  may  attend  the  projectors  of  both  ! 

July  18th,  Sunday. — This  day  the  [Pennsylvaniaii]  dele 
gation  dined  at  Brandon's.  Mr.  Morris  stated  to  the  Repre- 


JULY  19]  CENTRALIZATION  OF  POWER.  333 

sentatives  the  train  of  business  was  in  the  Senate.  Mentioned 
the  importance  of  completing  the  Funding  law,  particularly 
to  us  who  now  had  the  residence  of  Congress  before  us ;  that 
the  rising  of  Congress  without  funding  might  go  to  shake  and 
injure  the  Government  itself,  etc.  AVe  had  much  talk,  but 
nothing  was  concluded  or  any  agreement  entered  into.  Mr. 
Fitzsimons  averred,  in  the  most  unequivocal  manner,  the  grand 
object  of  the  assumption  to  be  the  collecting  all  the  resources 
of  the  United  States  into  one  treasury.  Speaking  of  the  State 
of  Pennsylvania,  he  avowed  she  would  be  a  debtor  State  to  a 
large  amount  on  the  settlement  of  the  accounts,  and  the  next 
moment  said  she  would  draw  interest  on  three  million  dollars 
annually.  It  is  not  easy  to  reconcile  his  assertions  on  this 
subject.  A  great  deal  of  loose  talk  passed  among  us.  As  I 
had  the  delegation  together,  I  mentioned  my  intention  of 
going  home,  and  desired  to  know  if  any  of  them  had  any  ob 
jection.  The  discourse  soon  took  a  ludicrous  turn ;  but  no 
objection  was  made,  and  I  believe  I  will  set  off  to-morrow 
afternoon. 

July  19th. — Have  made  up  my  mind  on  the  subject  of 
going  home.  I  can  not  serve  my  country  anything  by  my 
staying  here  longer.  I  will  certainly  feel  ashamed  to  meet  the 
face  of  any  Pennsylvanian  who  shall  put  to  me  the  question, 
"  What  have  you  done  for  the  public  good  ? "  I  can  answer 
with  truth,  "  I  have  tried  the  best  in  my  power." 

Settled  with  the  Speaker.  He  would  have  me  pay  nothing 
for  any  liquors,  but  said  his  boy  had  cost  him  fifty  dollars, 
which  he  desired  me  to  pay  one  half  of.  I  agreed.  He  had 
about  forty  dollars  of  my  money  in  his  hands.  I  owe  him 
four  shillings  and  sixpence,  Pennsylvania.  I  well  recollect 
the  service  of  the  boy  was  mentioned,  or  at  least  all  the  services" 
which  I  wanted  in  that  way  when  I  settled  for  my  boarding 
at  four  dollars  per  week.  I  have  drunk,  occasionally,  some  of 
his  wine— he  said,  not  amounting  to  more  than  a  bottle  or  two. 

O 

I  am  convinced  it  would  not  amount  to  gallons.  But  I  most 
cheerfully  agreed  to  pay  what  he  proposed. 

I  attended  the  Hall  at  the  usual  time.  And  now  the  ma 
terial  business  of  the  day,  the  Consolidated  Funding  bill  and 
assumption,  were  taken  up.  Mr.  Morris  showed  a  vindictive 


334  'CHANGE  ALLEY  DOCTRINE.  [1790 

and  ireful  disposition  from  the  very  start,  and  declared  lie 
would  have  the  yeas  and  nays  on  every  question.  This,  in 
fact,  is  declaring  war  against  me  only,  as  it  is  me  only  whom 
they  can  effect  in  Pennsylvania.  I  know  they  mean  to  slay 
me  with  the  sword  of  the  public  creditors.  He  was  as  good 
as  his  wrord,  and  moved  every  point  to  increase  the  demand 
against  the  public,  and  uniformly  called  the  yeas  and  nays. 
All  the  motions  were  made  for  augmentations  by  him,  Sclmy- 
ler,  and  King,  vide  the  minutes  for  the  yeas  and  nays. 

"When  he  moved  that  six  per  cent  should  be  paid  on  the 
back  interest,  as  there  were  but  four  of  them  for  it,  and  enough 
did  not  rise  for  the  yeas  and  nays,  I  told  him  I  was  sorry  to 
see  him  in  distress,  and  jumped  up.  If  I  can  turn  these  yeas 
and  nays  against  him,  the  act  will  be  a  righteous  one. 

In  the  language  and  calculations  of  the  Treasury,  the  third 
alternative  is  actually  six  per  cent,  without  taking  in  the  ad 
vantage  of  the  quarterly  over  annual  payments,  grounded  on 
the  irredeemable  quality  of  the  debt.  But  I  really  question 
if  we  shall  ever  see  that  'Change-Alley  doctrine  established 
here,  which  makes  debt  valuable  in  proportion  to  that  qualifi 
cation.  It  never  can  happen  without  a  gradual  fall  of  interest, 
which,  in  this  country,  may  be  rather  considered  as  improb 
able. 

Before  Congress  met  I  walked  awhile  across  the  [Senate] 
chamber  with  Mr.  Lee.  He  lamented  equally  with  me  the 
baneful  effects  of  the  funding  disease.  No  nation  ever  has 
adopted  it  without  having  either  actually  suffered  shipwreck 
or  being  on  a  voyage  that  must  inevitably  end  in  it.  The  sepa 
ration  from  Great  Britain  seemed  to  assign  us  to  a  long  run  of 
political  existence ;  but  the  management  of  the.,  Secretary 
•[Hamilton]  will  soon  overwhelm  us  with  political  rule.  Schuy- 
ler  assigned  a  new  kind  of  reason  this  day  for  taxation.  Three 
millions  and  a  half  of  dollars  annually  would  be  only  one  dollar 
per  head  on  the  average.  It  was  nothing,  etc.  It  is  true  it  is 
not  a  heavy  tax,  but  it  ought  not  to  be  imposed  without  neces 
sity. 

This  wretch  is  emaciated  in  person,  slovenly  in  dress,  and 
rather  awkward  in  address.  ~No  Jew  ever  had  a  more  cent- 
per-cent  aspect.  He  seems  the  prototype  of  covetousness. 


JULY  20]      LETTERS  TO   THE   MAYOR  AND  COUNCIL.  335 


is  it  possible  to  assign  to  his  appearance  any  passion, 
property,  or  affection  but  the  love  of  money  and  the  concomi 
tant  character  of  a  miser. 

I  can  not  help  noting  something  which  may  be  void  of  de 
sign.  Yesterday  two  letters  were  shown  at  dinner  :  one  by 
Mr.  Morris  to  the  Governor  and  Council  [of  Pennsylvania], 
another  by  Clymer  to  the  mayor  and  corporation  [of  Philadel 
phia].  It  was  agreed  that  the  Senators  should  sign  the  one  to 
the  Governor  and  Council,  and  the  Speaker,  in  behalf  of  the 
delegation,  should  sign  the  one  to  the  corporation.  I  was 
much  pleased  with  this  arrangement,  for  there  was  a  clause  in 
Clymer's  letter  of  advice  to  erect  a  new  building  for  Congress, 
for  the  giving  the  State-House  to  Congress  would  furnish  a 
reason  for  removing  the  seat  of  Government  elsewhere.  This 
day  in  Senate,  Mr.  Morris  produced  this  last  letter  to  me,  de 
siring  me  to  sign  it.  I  declined  it,  telling  him  the  Speaker 
was  to  sign  that  letter.  I  could  not  help  concluding  there  was 
design  in  this  business. 

There  was  a  dinner  this  day  which  I  had  no  notice  of,  and 
never  thought  of  such  a  thing.  In  the  evening  Mr.  Rees, 
clerk  to  Mr.  Morris,  called  on  me  with  the  letter  to  the  Gov 
ernment.  This  I  readily  signed  ;  but  here  comes  the  Speaker 
with  the  other  letter  for  me  to  sign.  All  this  does  not  look 
like  candor.  I  told  the  Speaker  my  objections.  There  is  a 
subject  in  that  letter  which  I  never  have  touched.  I  will  not 
touch  it  now.  I  have  already  written  fully  to  the  mayor  on 
the  subject. 

July  WtJi.  —  We  went  this  day  at  the  funding  system  and 
pursued  it  with  nearly  the  same  temper  that  we  did  yesterday. 
Mr.  Morris  had  often  declared  himself  that  lie  would  be  for 
an  assumption  equal  to  the  representation,  and  had  calculated 
a  schedule  for  the  purpose  ;  but,  all  I  could  say  to  him,  he 
would  not  gratify  me  in  moving  it.  I  knew  there  was  no 
chance  of  carrying  it.  But  he  leveled  his  whole  force  against 
the  nineteenth  section,  which,  in  fact,  is  the  only  favorable 
one  to  our  State,  for  our  existing  State  debt  can  not  be  much 
more  than  one  million.  I  will  refer  to  the  minutes  for  the 
proceedings  of  the  day.  Mr.  Morris  having  often  threatened 
that  he  would  vote  against  the  bill,  at  last  made  this  remark- 


336  SPECULATOR'S  PROFITS.  [1790 

able  speech  :  "  Half  a  loaf  is  better  than  no  bread.  I  will  con 
sent  to  the  bill  on  behalf  of  the  public  creditors,  for  whom  I 
am  interested  "  (I  looked  up  at  him,  and  he  added),  "  as  well 
as  for  the  rest  of  the  Union."  This  last  shed  some  palliation 
over  his  expressions. 

I  contended  that  the  speculators  generally  had  dealt  on  the 
face  of  the  certificates ;  or,  if  they  had  dealt  on  the  amount, 
it  was  always  at  an  abated  rate  —  clear  proof  they  never 
expected  the  back  interest  to  be  funded.  By  the  bill,  every 
hundred  of  principal  draws  four  annually,  and  as  the  back 
interest  is  about  on  the  average  equal  to  half  the  princi 
pal  (at  least  it  is  so  by  the  Secretary's  [Hamilton's]  report), 
this,  at  three  per  cent,  adds  one  and  a  half  more — equal  to  five 
and  one  half  per  cent  per  annum  for  ten  years ;  and  then  the 
other  third  (or  what  is  equal  to  it  in  'Change- Alley  calcula 
tion)  comes  at  six  per  cent,  which,  added,  gives  about  seven 
and  a  half  per  cent  on  the  face  of  the  original  certificate. 

I  have  turned  the  leaf  to  note  that  I  may  consider  myself 
as  now  having  passed  the  Rubicon  with  the  Philadelphians. 
I  saw  Clymer  through  the  window  of  the  Senate  chamber. 
Morris  was  sent  for  and  went  out.  He  came  in  with  the  same 
letter  which  I  had  refused  to  sign  yesterday,  and  asked  me  to 
sign  it.  I  refused,  and  told  him  plainly  it  touched  a  subject 
which  I  never  had  touched,  nor  would  now.  He  said  no 
more. 

Mr.  Morris  told  me  this  day  I  must  allow  myself  to  get 
the  lands  of  which  he  had  spoken  to  me.  I  told  him  all  on 
my  part  was  ready ;  only  put  the  warrants  into  my  hands.  I, 
however,  added,  we  have  ruined  our  land-office  by  the  assump 
tion.  The  State  certificates  were  the  materials  to  buy  the 
lands  with.  The  offices  will  noAv  be  shut,  for  neither  State 
money  nor  specie  can  be  got  or  spared  for  it.  He  was  silent, 
and  I  really  thought  he  looked  as  if  he  feared  that  his  con 
duct  would  be  turned  against  him  in  the  public  eye. 

After  dinner  this  day  I  read  a  letter  to  the  Speaker  from 
John  Montgomery,  of  Carlisle,  not  much  in  favor  of  Mr. 
Morris.  He  then  gave  me  the  following  intelligence :  That 
Fitzsimons  and  Mr.  Morris'  adherents,  fearful  that  he  could 
not  be  carried  by  a  popular  election,  were  determined  to 


JULY  21]  WILLIAM  MACLAY  ON  FUNDING.  337 

change  the  mode  to  electors.  But  all  the  difficulty  was  to 
know  how  Wilson  could  save  his  credit  in  convention  and 
carry  his  party  over  with  him  after  what  had  already  hap 
pened,  this  being  one  of  the  pillars  on  which  his  late  popu 
larity  was  supported.  It  is  easy  to  see  the  reason  of  all  this. 
The  mode  of  electors  admits  of  more  cabal,  intrigue,  etc. 

July  21st. — King's  motion  of  yesterday  for  postponement 
and  sundry  other  matters  which  I  had  observed  made  me  fear 
ful  that  some  storm  was  gathering.  I  called  on  Mr.  Morris 
and  expressed  my  apprehension  and  proposed  to  him  that  if 
any  unexpected  manoeuvre  should  display  itself  we  should, 
with  the  utmost  coolness,  call  for  a  concurrence  of  the  resolu 
tion  for  the  adjournment  on  the  27th. 

Attended  at  the  Hall  on  the  affair  of  Donald  Campbell ; 
the  most  impudent  and  ill-founded  set  of  claims  ever  I  was 
witness  to.  The  first  business  in  the  Senate  was  the  new  bill 
of  ways  and  means.  Committed. 

A  message,  with  a  bill,  respecting  consuls  and  vice-consuls. 

The  bill  for  the  military  grants  of  lands  to  the  Virginia 
officers.  Committed. 

The  Senate  was  now  full,  and  the  Funding  bill  was  taken 
up  for  the  last  time.  I  made  a  despairing  effort.  Having 
almost  uniformly  opposed  the  measures  of  Congress  during 
the  present  session,  some  general  declaration  of  my  principles 
or  motives  may  be  necessary  to  prevent  any  suspicion  of  a  dis 
position  inimical  to  the  Government  itself. 

First,  then,  I  am  totally  opposed  to  the  practice  of  funding, 
upon  republican  as  well  as  economical  principles.  I  deny  the 
power  as  well  as  the  justice  of  the  present  generation  charging 
debts,  more  especially  irredeemable  ones,  upon  posterity ;  and 
I  am  convinced  that  they  will  one  day  negative  the  legacy.  I 
will  suppose  (suppositions  are  common  in  this  House)  that  not 
one  member  of  Congress  has  been  influenced  by  any  personal 
motive  whatever  in  arranging  the  American  funding  system, 
which  now  spins  on  the  doubtful  point  of  pass  or  not  pass ; 
and,  as  it  falls,  may  turn  up  happiness  or  misery  for  centuries 
to  come.  Ko ;  I  will  take  gentlemen  at  their  word,  and  be 
lieve  that  it  is  the  glare  of  British  grandeur,  supposed  to  fol 
low  from  her  funds,  that  has  influenced  their  conduct,  and 
22 


338  WILLIAM  MACLAY  ON  FUNDING.  [1790 

that  their  intentions  are  pure,  wishing  to  render  America 
great  and  happy  by  a  similar  system.  This  will  lead  to  an 
inquiry  into  the  actual  state  of  Britain ;  and  here,  I  trust,  we 
shall  lind  all  is  not  gold  that  glitters. 

It  is,  if  I  mistake  not,  about  a  century  since  the  commence 
ment  of  the  English  funds,  or,  in  other  words,  since  that  nation 
began  to  mortgage  the  industry  of  posterity  to  gratify  the 
ambition  and  avarice  of  the  then  Government.  Since  that 
period  wars  have  been  almost  continual.  The  pretexts  have 
been  ridiculous — balances  of  power,  balance  of  trade,  honor  of 
the  flag,  sovereignty  at  sea,  etc.,  but  the  real  object  was  to  fill 
the  Treasury,  to  furnish  opportunity  for  royal  peculation,  jobs 
and  contracts  for  needy  courtiers,  to  increase  the  power  of 
the  crown  by  the  multiplication  of  revenue  and  military  ap 
pointments  and  the  servility  of  the  funds,  for  every  stock 
holder  is,  of  course,  a  courtier.  The  effect  of  these  wars  has 
been  the  commotion  of  almost  the  whole  world ;  the  loss  of 
millions  of  lives  ;  and  the  English  nation  stands  at  this  day 
charged  with  a  debt  of  about  two  hundred  and  fifty  millions 
sterling,  the  annual  interest  of  which  and  charges  of  collecting 
in  that  country  is  above  eleven  millions  annually,  and  would 
be  above  fifteen  in  this. 

It  has  been  said  that  this  is  nothing  in  a  national  point  of 
view,  as  the  nation  owes  it  to  individuals  among  themselves. 
This  is  true  only  in  part,  as  foreigners  draw  great  sums.  Yet 
it  is  believed  that  near  half  a  million  of  the  inhabitants  of 
Great  Britain,  including  army,  navy,  revenue,  and  stock 
holders,  are  supported  from  the  Treasury.  The  whole  of 
them,  be  the  number  what  it  may,  must  be  considered  as  un 
productive  drones,  who  are  ever  ready  to  support  the  adminis 
tration,  be  it  ever  so  oppressive  to  their  fellow-citizens. 

There  is  another  calculation  said  to  be  more  exact,  viz., 
that  near  a  million  of  paupers,  reduced  by  exorbitant  taxes 
below  the  power  of  housekeeping,  are  dependent  on  national 
charity  and  poor-rates.  Great  cry  has  been  made  about  Mr. 
Pitt  as  the  political  savior  of  his  country — that  he  has  paid 
part,  and  will  finally  discharge  the  whole,  of  the  national  debt. 
This  is  a  vile  deception.  By  some  management  between  him 
and  the  stock-jobbers,  as  he  buys  they  raise  the  price  of  the 


JULY  21]  WILLIAM   MACLAY  ON  FUNDING.  339 

remaining  stock,  the  aggregate  value  of  which  is  now  greater, 
at  the  market  price,  than  when  he  began  to  purchase,  so  that 
the  nation,  instead  of  gaining,  is  a  loser  to  the  amount  of  the 
new  duties.  It  is  not  likely  that  the  trading  of  Government 
in  stock  or  certificates  ever  wrill  have  a  different  effect. 

There  is  another  part  of  his  conduct  for  which  I  am  ready 
to  give  him  proper  credit.  lie  seems  by  his  sham  armaments, 
to  have  hit  on  an  expedient  to  plunder  the  nation  without 
bloodshed.  Let  him  enjoy  this  praise  in  common  with  other 
English  robbers,  who,  unlike  those  of  other  nations,  seldom 
accompany  their  depredations  with  murder.  It  is  in  vain  to 
expect  the  payment  of  the  British  debt  in  any  other  way  than 
by  a  national  bankruptcy  and  revolution.  Is  this  the  precipice 
to  which  we  would  reduce  the  rising  nation  of  North  Amer 
ica  ?  It  may  be  said  none  of  us  will  live  to  see  it.  Let  us  at 
least  guard  our  memories  from  the  approach  of  such  mis 
conduct. 

It  may  be  here  asked,  What,  then,  is  to  be  done  ?  Just 
what  the  public  expectation  called  for.  The  Western  lands 
have  been  considered  from  the  beginning  of  the  late  contest 
as  the  fund  for  discharging  the  expenses  of  the  war.  The  old 
Congress  made  laudable  advances  in  this  way.  The  present 
session  has  not  passed  without  applications  on  that  subject  as 
well  from  companies  among  ourselves  as  persons  from  Eu 
rope.  We  have  now  a  revenue  far  exceeding  the  limit,  five 
per  cent,  which  the  desideratum  of  the  old  Congress  and  the 
want  of  which  occasioned  the  formation  of  our  present  Con 
stitution,  and  fully  sufficient  to  discharge  a  reasonable  interest, 
proportionate  price  of  the  public  debt  until  the  whole  is  ex 
tinguished  by  the  Western  sales.  Thus  no  one  will  sustain 
loss.  Substantial  justice  will  be  done,  and  the  public  expecta 
tion  will  be  fully  satisfied.  But  to  bind  down  the  public  by  an 
irredeemable  debt  with  such  sources  of  payment  in  our  power, 
is  equally  absurd  as  shackling  the  hands  and  feet  with  fetters 
rather  than  walking  at  liberty. 

The  friends  of  the  bill  paid  no  attention  whatever  to  me, 
and  were  but  too  successful  in  engaging  the  attention  of  others 
by  nods,  whispers,  engaging  in  conversation,  etc.  Morris, 
Dalton,  and  some  others  went  out  and  stayed  for  an  hour. 


340  FAREWELL  TO  NEW  YORK.  [1790 

They  carried  the  bill  against  us — fourteen  to  twelve.  It  is 
in  vain  to  dissemble  the  chagrin  which  I  have  felt  on  this 
occasion. 

We  had  a  resolution  relating  to  Ilowell's  committee.  I 
am  of  the  committee.  Report  of  joint  committee  on  Settle 
ment  bill  read  for  information,  but  could  not  be  acted  on,  as 
the  bill  is  in  the  power  of  the  Lower  House.  I  find  I  need  be 
under  no  uneasiness  about  the  Residence  bill. 

July  22d. — Attended  at  the  Hall  this  day,  as  much  to 
take  the  wrinkles  out  of  my  face,  which  my  yesterday's  disap 
pointment  had  placed  on  it,  as  for  anything  else.  It  is  in 
vain  to  think  of  changing  a  vote  anyway ;  a  majority  are  sold, 
and  Hamilton  has  bought  them.  I  can  be  of  no  further  use, 
and  will  absolutely  leave  them.  It  is  certainly  a  defect  in  my 
political  character  that  I  can  not  help  embarking  my  passions 
and  considering  the  interest  of  the  public  as  my  own.  It  was 
so  while  I  was  at  the  bar,  in  respect  of  my  clients,  when  I 
thought  their  cause  just.  "Well,  be  it  so.  It  has  its  inconven 
ience,  and  hurts  my  health,  but  I  declare  I  never  will  en 
deavor  to  amend  it. 

Attended  all  the  committees  on  which  I  was,  and  gave  my 
opinion  as  to  the  reports,  etc.  In  Senate  the  Collection  bill 
was  reported.  Almost  an  entire  new  system,  or  the  old  one 
so  renovated  as  to  make  a  volume  of  new  work  for  Congress. 
I  listened  an  hour  to  the  reading  of  it.  Rose,  bade  a  silent 
and  lasting  farewell  to  the  Hall,  and  went  to  my  lodgings  for 
the  purpose  of  packing. 

And  now,  at  last,,  we  have  taken  leave  of  Newr  York.  It 
is  natural  to  look  at  the  prospect  before  me.  The  citizens  of 
Philadelphia  (such  is  the  strange  infatuation  of  self-love)  be 
lieve  that  ten  years  is  eternity  to  them  with  respect  to  the  resi 
dence,  and  that  Congress  will  in  that  time  be  so  enamored  of 
them  as  never  to  leave  them  ;  and  all  this  with  the  recent  ex 
ample  of  New  York  before  their  eyes,  whose  allurements  are 
more  than  ten  to  two  compared  with  Philadelphia.  To  tell 
the  truth,  I  know  no  such  unsocial  city  as  Philadelphia.  The 
gloomy  severity  of  the  Quakers  has  proscribed  all  fashionable 
dress  and  amusement.  Denying  themselves  these  enjoyments, 
they,  as  much  as  in  them  lies,  endeavor  so  deprive  others  of 


JULY  22]  PHILADELPHIA  AND  CONGRESS.  341 

them  also ;  while  at  the  same  time  there  are  not  in  the  world 
more  scornful  or  insolent  characters  than  the  wealthy  among 
them.  Witness  the  "Wartons,  Pembertons,  etc.  No,  these 
feeble  expectations  will  fail.  Go  they  [Congress]  must. 

Nay,  taking  another  point  of  view.  Political  necessity 
urges  them  and  a  disruption  of  the  Union  would  be  the  conse 
quence  of  a  refusal.  There  is,  however,  a  further  and  more 
latent  danger  which  attends  their  going.  Fixed,  as  Congress 
will  be,  among  men  of  other  minds  on  the  Potomac,  a  new 
influence  will,  in  all  probability,  take  place,  and  the  men  of 
New  England,  who  have  hitherto  been  held  in  check  by  the 
patronage  and  loaves  and  fishes  of  the  President,  combined 
with  a  firm  expectation  that  his  resignation  (which  is  expected) 
will  throw  all  the  power  into  their  hands,  may  become  refrac 
tory  and  endeavor  to  unhinge  the  Government.  For  my 
knowledge  of  the  Eastern  character  warrants  me  in  drawing 
this  conclusion,  that  they  will  cabal  against  and  endeavor  to 
subvert  any  government  which  they  have  not  the  manage 
ment  of. 

The  effect  must  be  sensibly  felt  in  Philadelphia,  should  a 
great  commercial  town  arise  on  the  Potomac.  She  now  sup 
plies  all  the  over-hill  country,  and  even  the  frontiers  of  Vir 
ginia  and  other  Southern  States  with  importations.  This  must 
cease ;  nor  need  she  expect  a  single  article  of  country  produce 
in  return  from  the  west  side  of  Susquehanna. 

It  is  true  that  the  genius  of  Virginia  and  Maryland  is  rather 
averse  to  exclusive  commerce.  The  Southern  planter  is  situ 
ated  on  his  extensive  domain,  surrounded  with  his  slaves  and 
dependents,  feels  diminution  and  loses  his  consequence  by  being 
jumbled  among  brokers  and  factors.  And  yet  we  have  seen 
what  Baltimore  has  become  in  a  few  years  from  the  small  be 
ginnings  of  a  few  Pennsylvanians  at  first,  and  afterward  by  the 
accession  of  other  strangers,  for  wherever  the  carcass  of  com 
merce  is  thither  will  the  eagles  of  traffic  be  gathered.  For  my 
own  part,  I  would  rather  wish  that  the  residence  of  Congress 
should  not  be  subject  to  commercial  influence. 

Too  much  has  that  influence,  conducted  by  the  interest  of 
New  England,  whose  naval  connections  throw  them  into  that 
scale,  governed — nay,  tyrannized — in  the  councils  of  the  Union. 


342  END  OF  SECOND  SESSION.  [1790 

My  consolation  for  going  to  the  Potomac  is,  tliat  it  may  give 
a  preponderance  to  the  agricultural  interest.  Dire,  indeed,  will 
be  the  contest,  but  I  hope  it  will  prevail.  I  can  not,  however, 
help  concluding  that  all  these  things  would  have  been  better 
on  the  Susquehanna.  But,  query,  is  not  this  selfish,  too  ?  Ay, 
but  it  may,  nevertheless,  be  just. 


THIRD   SESSION 
OF  THE  FIRST  CONGRESS. 


DEC.  3]  CONGRESS  AT  PHILADELPHIA.  345 


CHAPTEE   XII. 

AS     TO     KE-ELECTION. 

Philadelphia,  December  1,  1790. — Late  in  the  afternoon  I 
arrived  in  Philadelphia  in  order  to  attend  Congress,  which  is 
to  meet  on  Monday  next.  Saw  nobody  this  afternoon  nor 
evening. 

December  2d. — Dressed  and  called  first  on  General  Mifflin. 
He  was  abroad.  Then  on  Mr.  Morris,  who  received  me  with 
frankness.  Called  on  the  President,  Clymer,  and  at  Fitz- 
simons'.  The  day  soon  became  rainy.  Came  home.  Heard 
from  my  brother  in  the  evening  that  some  attempt  was  mak 
ing  on  the  Sunbury  lands  by  one  Sewell  and  Hurst.  This  has 
cut  out  work  for  me  in  the  morning. 

December  3d. — Dressed  and  went  early  to  the  Governor's. 
He  was  at  breakfast,  and  had  four  school-boys  about  him  mak 
ing  them  show  him  their  Latin  exercises,  repeat  their  lessons, 
tell  what  books  they  were  reading,  etc.  So  much  does  he  love 
to  be  the  cock  of  the  school  that  he  seems  actually  to  court  the 
company  of  children,  where  he  is  sure  he  will  meet  with  no 
contradiction.  His  tongue  ran  like  a  whirligig.  There  was 
no  getting  a  word  in  among  the  children.  I  had,  however, 
considerable  attention  paid  to  me  by  two  dogs,  who  pawed  me 
over.  I  learned  that  no  decision  had  been  given  by  the  Board 
of  Property  in  the  case  of  the  Sunbury  lands.  Took  the  first 
opportunity  I  possibly  could  of  withdrawing.  Ko  public 
character  ever  appeared  to  me  more  disgusting. 

Called  on  David  Kenedy,  of  the  Land-Office,  and  made 
what  we  thought  the  best  arrangement  respecting  the  affair  of 
Sunbury. 

Met  with  Mr.  Langdon  and  went  a-visiting,  in  which  we 


346  VISITING.  [1790 

spent  the  forenoon.  Called  in  the  evening  at  Mr.  McCon- 
nell's,  the  broker.  He  told  me  the  public  creditors  were  very 
busy  under  their  chairman,  Petitt,  preparing  petitions,  me 
morials,  etc.,  for  Congress.  I  made  some  remarks  tending  to 
show  that  they  were  well  enough  for  the  purpose  intended. 
He  readily  joined  me ;  said  it  was  carried  on  to  answer  elec 
tioneering  purposes.;  that  Petitt  wanted  to  be  in  Congress, 
etc.  Petitt  is  my  old  enemy,  and  wrill  supplant  me  if  he  can. 
Agreed. 

December  4th,  Saturday. — I  have  deliberated  much  on  the 
subject  whether  I  will  call  to  see  Bingham,  Powell,  and  others. 
I  have  called  on  Morris,  Clymer,  and  Fitzsimons.  "Why  not 
on  them  ?  By  the  rules  of  etiquette,  perhaps,  they  should  call 
on  me.  I  have  resolved  all  over  in  my  mind.  Jacta  est 
alea,  and  I  will  go.  But  as  I  went  I  fell  in  with  Mr.  Clymer, 
and  away  we  went  a-visiting.  Clymer  certainly  means  to  be 
on  good  terms  with  me.  We  had  two  long  visits.  I  called  at 
Bingham's.  Found  him  at  home  and  had  a  long  chat.  Took 
leave  and  left  a  card  at  Mr.  Powell's.  Called  at  Mr.  Chew's, 
wrlio  urged  me  to  stay  for  dinner.  I  accepted  his  invitation 
for  two  o'clock,  and  the  rest  of  the  day  was  accordingly  dis 
posed  of,  for  it  was  past  three  before  we  sat  down. 

I  called  twice  this  day  at  Dr.  Rush's,  but  saw  him  not. 
Saw  the  Speaker.  The  Speaker  said,  on  the  authority  of  Dr. 
Rush,  that  we  would  all  be  re-elected.  Believe  it  not. 

December  5ih,  Sunday. — Was  sent  for  early  by  Mr.  Morris 
on  the  subject  of  taking  up  the  frontier  lands.  I  agreed  to 
procure  him  a  draft  of  such  parts  of  the  State  as  had  vacant 
lands  in  them.  "No  contract  with  him.  I  mean  to  have  such 
a  draft  made  for  the  use  of  the  members  of  the  Assembly,  or 
at  least  for  their  information.  Pressed  me  to  dine  with  him. 
Did  so. 

Mr.  Powell  returned  my  visit.  Visited  Langdon  in  the 
evening. 

December  6th,  Monday. — My  brother  informed  me  this 
morning  that  Charles  Thompson  had  applied  to  one  Collins,  a 
member  from  Berks  County,  for  his  interest  to  obtain  my 
place  as  Senator.  It  comes  very  direct,  and  was  talked  over 
yesterday  at  Blair  McClenachan's,  where  Matthew  Irwin  dined, 


DEC.  7]  A  QUORUM  FORMED. 

from  whom  my  brother  [Samuel  Maclay]  had  it.  Out  some 
of  the  citizens  would  have  me,  if  they  should  put  the  devil  in 
my  place.  This  is  what  I  must  expect  of  them. 

Attended  at  the  Hall  at  eleven.  Senate  was  formed,  but 
no  business  done  save  the  sending  a  message  by  our  Secretary 
to  the  Representatives  that  the  Senate  was  ready  to  proceed 
to  business. 

Spent  the  rest  of  the  day  in  visits,  etc. 

December  7th. — Went  early  this  morning  to  see  if  Mr. 
Montgomery,  of  our  county,  or  Mr.  White  were  come  in. 
Found  none  of  them.  Called  at  Mr.  Findley's  lodgings  on 
my  way  home.  He  said  he  would  call  on  me  in  the  evening. 
Colonel  Curtis  spent  some  time  this  forenoon  with  me. 

Attended  at  eleven  at  the  Hall.  A  House  was  formed  by 
the  Representatives.  On  the  7th  of  January  last  King  had 
introduced  a  new  record  altogether  on  the  minutes,  the  inten 
tion  of  which  was  to  secure  the  delivery  of  the  President's 
speech  in  the  Senate  chamber.  A  resolution  verbatim,  with 
the  entry  of  last  January,  was  moved,  carried,  and  sent  down 
for  concurrence.  While  this  was  done  with  us,  a  resolution 
passed  to  the  Representatives  for  a  joint  committee  waiting 
on  the  President  with  information  that  quorums  were  formed 
in  both  Houses.  Our  Secretary  and  the  Clerk  of  the  Repre 
sentatives  passed  each  other  on  the  stairs  with  their  respective 
resolutions.  Each  House  appointed  committees  under  their 
own  resolutions,  and  the  committees  met.  The  Representatives 
urged  that  it  was  idle  to  name  any  place  to  do  business  in 
until  it  was  known  whether  any  business  would  be  done.  The 
President  was  in  our  favor. 

This  silly  thing  kept  us  talking  an  hour  and  a  half.  The 
Clerk  of  the  Representatives  announced  the  non-concurrence 
of  our  resolution.  This  had  like  to  have  raised  a  flame,  but  a 
motion  was  at  length  made  and  carried  for  the  concurrence  of 
the  resolution  which  came  up.  The  joint  committee  now 
waited  on  the  President,  who  charged  them  with  information 
that  he  would  to-morrow  at  twelve  o'clock  deliver  his  speech 
to  both  Houses  in  the  Senate  Chamber,  and  so  ended  this  ardu 
ous  affair.  The  Senate  adjourned. 

The  first  levee  was  held  this  day,  at  which  I  attended. 


WASHINGTON  ADDRESSES  CONGRESS.  [1790 

At  about  seven  o'clock  Mr.  Findley  called  on  me.  We  had 
a  long  conversation,  or  at  least  a  busy  one,  for  about  an  hour. 
I  must  be  blind,  indeed,  if  I  did  not  see  that  he  is  doing  every 
thing  in  his  power  to  supplant  me  by  way  of  preparing  me  for 
the  part  which  he  was  about  to  act.  He  first  told  me  that 
Gurney  and  he  had  some  conversation,  which  would  seem  to 
impart  that  John  Montgomery,  of  Carlisle,  was  the  man  to  sup 
plant  me.  I  mentioned  it  as  a  matter  that  would  savor  too 
strongly  of  cabal  to  take  one  of  the  electing  members.  This 
threw  him  off  his  guard,  and  he  spoke  rather  tartly  of  my  re 
mark,  and  alleged  there  could  be  nothing  in  it ;  said  "  if  I  am 
elected  I  will  serve,  but  I  will  take  no  part  in  the  matter,  and 
I  will  give  you  leave  to  blame  me  if  I  do."  This  sentiment  he 
reiterated  more  than  once.  He  kept  looking  at  his  watch  in 
cessantly  and  was  in  evident  perturbation  from  the  time  I 
hinted  the  impropriety  of  one  of  the  electing  members  being 
chosen.  When  I  hinted  that  some  complaints  had  been  raised 
against  my  brother,  he  alleged  it  was  so ;  that  I  likewise  had 
made  proposals  to  Colonel  Smith,  which  he  insinuated  had  not 
been  adhered  to.  I  told  him  what  I  recollected  of  the  dis 
course  between  Colonel  Smith  and  myself,  and  said  I  had  en 
tered  into  no  engagements  with  him  or  any  other  one  on  the 
occasion. 

December  8th. — This  was  the  day  assigned  for  the  Presi 
dent  to  deliver  his  speech,  and  was  attended  with  all  the  bustle 
and  hurry  usual  on  such  occasions.  The  President  was  dressed 
in  black,  and  read  his  speech  well  enough,  or  at  least  tolerably. 
After  he  was  gone,  and  the  Senate  only  remained,  our  Tice- 
President  seemed  to  take  great  pains  to  read  it  [the  speech] 
better.  If  he  had  such  a  view,  he  succeeded  ;  but  the  difference 
between  them  amounted  to  this :  one  might  be  considered  as 
at  home  and  the  other  in  a  strange  company.  The  speech  was 
committed. 

I  could  not  help  taking  some  pains  to  counteract  Mr.  Find- 
ley.  But  my  situation  is  a  critical  one.  I  must  stand  with 
open  breast  to  receive  the  wound  inflicted  by  my  adversaries, 
while  the  smallest  endeavors  on  my  part,  either  to  obtain 
favor  or  to  remove  misrepresentation,  is  called  begging  of 
votes  by  pretended  though  false  friends.  I  will,  however,  do 


DEC.  10]  JOHN  ADAMS  DISCUSSES  NOBILITY.  349 

what  I  think  proper,  for  to  attempt  pleasing  every  one  would 
be  to  carry  the  ass,  indeed. 

Findley  drew  away  my  mind  for  a  moment.  Let  me  re 
turn  to  the  President.  Does  he  really  look  like  a  man  who 
enters  into  the  spirit  of  his  appointment  ?  Does  he  show  that 
he  receives  it  in  trust  for  the  happiness  of  the  people,  and  not 
as  a  fee  simple  for  his  own  emolument  ?  Time  and  practice 
will,  perhaps,  best  elucidate  this  point. 

December  9th. — This  day  the  Senate  afforded  neither  mo 
tion  nor  debate.  The  communications  hinted  at  in  the  Presi 
dent's  speech  were  delivered  to  us,  and  continued  to  be  read 
till  past  two  o'clock,  when  the  Senate  adjourned.  A  war  has 
actually  been  undertaken  against  the  Wabash  Indians  without 
any  authority  of  Congress,  and,  what  is  worse,  so  far  as  intelli 
gence  has  come  to  hand,  we  have  reason  to  believe  it  is  unsuc 
cessful.  Mind  what  comes  of  it. 

The  Yice-President,  Mr.  "Wyngate,  and  some  more  of  us, 
stood  by  the  fire.  When  the  affairs  of  France  were  talked,  I 
said  the  National  Assembly  had  attacked  royalty,  nobility,  hie 
rarchy,  and  the  Bastile  altogether,  and  seemed  likely  to  demol 
ish  the  whole.  The  Yice-President  said  it  was  impossible  to 
destroy  nobility  ;  it  was  founded  in  nature.  TVryngate  engaged. 
The  Vice-President's  arguments  were  drawn  from  the  respect 
shown  to  the  sons  of  eminent  men,  although  vicious  and  un 
deserving.  AVhen  the  parties  had  nearly  exhausted  themselves, 
I  asked  whether  our  Indians  might  not  be  considered  as  hav 
ing  devised  an  excellent  method  of  getting  rid  of  this  preju 
dice  by  ranking  all  the  children  after  the  mother.  This  sent 
off  the  whole  matter  in  a  smile ;  Adams,  however,  never  was 
cured,  or  is  relapsed  into  his  nobilimania.  After  we  were 
seated  and  a  slack  moment  happened,  Mr.  Morris  drew  his 
chair  near  mine  and  hinted  to  me  that  Bingham's  unanimous 
vote  for  the  Speaker's  chair  was  the  price  of  his  influence  in 
favor  of  Findley.  I  said  I  thought  likely.  But  Bingham  had 
obtained  his  end,  and  might  now  be  on  the  other  tack. 

December  10th. — This  day  was  unimportant  in  the  Senate. 
The  committee  reported  an  answer  to  the  President's  speech. 
The  echo  was  a  good  one,  and  was  adopted  without  material 
amendment. 


350  FRANCE  HONORS  DR.  FRANKLIN.  [1790 

A  packet  had  arrived  a  few  days  ago  from  France,  directed 
to  the  President  and  members  of  Congress.  The  President, 
from  motives  of  delicacy,  would  not  open  it.  It  came  to  the 
Senate,  and  was  sent  back  to  the  President,  and  now  returned 
opened.  It  contained  a  number  of  copies  of  the  eulogiums 
delivered  on  Dr.  Franklin  by  order  of  the  National  Assembly. 
Our  Vice-President  looked  over  the  letter  some  time  and  then 
began  reading  the  additions  that  followed  the  President's 
name.  He  was  Doctor  of  the  Sorbonne,  etc.,  to  the  number 
of  fifteen  (as  our  Yice-President  said).  These  appellations  of 
office  he  chose  to  call  "  titles,"  and  then  said  some  sarcastic 
things  against  the  National  Assembly  for  abolishing  titles.  I 
could  not  help  remarking  that  this  whole  matter  was  received 
and  transacted  with  a  coldness  and  apathy  that  astonished  me ; 
and  the  letter  and  all  the  pamphlets  were  sent  down  to  the 
Representatives  as  if  unworthy  the  attention  of  our  body.  I 
deliberated  with  myself  whether  I  should  not  rise  and  claim 
one  of  the  copies  in  right  of  my  being  a  member.  I  would, 
however,  only  have  got  into  a  wrangle  by  so  doing  without 
working  any  change  on  my  fellow-members.  There  might  be 
others  who  indulged  the  same  sentiments,  but  'twas  silence  all. 

December  13th. — The  Senate  having  adjourned  over  from 
Friday  to  this  day  [Monday],  nothing  of  public  nature  has 
taken  place.  I  was  engaged  Saturday  and  this  morning  in 
negotiating  the  sale  of  some  certificates,  which  I  completed, 
and  placed  the  money  in  the  bank. 

The  minutes  were  read  about  half  after  eleven,  and  the 
committee  on  the  business  reported  that  the  President  had  ap 
pointed  twelve  to  receive  our  address.  Twelve  soon  came,  and 
we  went  on  this  formality,  which  finished  the  senatorial  busi 
ness  of  the  day. 

This  day  completed  the  sale  of  Mr.  Harris's  certificates  at 
the  most  either  Bobby  or  myself  could  make  of  them.  Got  a 
check  on  the  bank  and  put  the  whole  in  part  notes. 

December  IJ+ih. — Attended  the  Senate,  but  no  business  of 
moment  was  transacted.  Official  information  was  communi 
cated  to  the  Senate  of  General  Harmer's  expedition.  The  ill- 
fortune  of  the  affair  breaks  through  all  the  coloring  that  was 
given  to  it.  'Tis  said  one  hundred  Indians  have  been  killed. 


DEC.  17]  LEVEES  AND  ROYALTY.  351 

But  two  hundred  of  our  own  people  have  certainly  perished  in 
the  expedition. 

This  was  levee  day,  and  I  accordingly  dressed  and  did  the 
needful.  It  is  an  idle  thing,  but  what  is  the  life  of  men  but 
folly  ? — and  this  is  perhaps  as  innocent  as  any  of  them,  so  far 
as  respects  the  persons  acting.  The  practice,  however,  consid 
ered  as  a  feature  of  royalty,  is  certainly  anti-republican.  This 
certainly  escapes  nobody.  The  royalists  glory  in  it  as  a  point 
gained.  Republicans  are  borne  down  by  fashion  and  a  fear  of 
being  charged  with  a  want  of  respect  to  General  'Washington. 
If  there  is  treason  in  the  wish  I  retract  it,  but  would  to  God 
this  same  General  Washington  were  in  heaven !  We  would 
not  then  have  him  brought  forward  as  the  constant  cover  to 
every  unconstitutional  and  irrepublican  act. 

December  loth. — This  day  was  really  a  blank  in  the  Senate. 
Two  petitions  were  presented  which,  being  only  counterparts 
of  what  were  expected  to  be  acted  upon  in  the  Lower  House, 
were  laid  on  our  table.  Mr.  Morris  was  called  often  out  by 
our  own  citizens.  The  doorkeeper  named  the  people  who  sent 
in  for  him.  Peter  Muhlenberg  was  one,  Colonel  Hartley  was 
another.  This  day  certificates  raised  fourpence  in  the  pound. 

December  16th. — I,  this  clay,  attended  the  Board  of  Prop 
erty.  There  never  was  a  more  groundless  persecution  than 
has  been  set  on  foot  against  me,  and  is  now  supported  by  one 
Howls,  the  same  with  whom  my  brother  quartered  last  winter. 
He  seems  determined  to  injure  my  reputation  if  possible.  I 
had  to  oppose  him,  and  there  certainly  never  was  a  clearer 
case.  It  was,  however,  agreed  that  my  brother's  deposition 
should  be  taken,  and  the  Board  to  meet  to-morrow.  I  was 
taken  away  the  whole  day  by  this  vile  business. 

December  17th. — Got  my  brother's  deposition  and  attended 
at  the  Board,  having  first  heard  prayers  and  sat  a  half  hour  at 
the  Hall.  Eowls  was  at  the  Board,  and  displayed  every  petti 
fogging  shift  and  evasion.  He  is  really  a  rascal,  and  all  this 
matter  is  pushed  by  him  to  injure  me  at  my  ensuing  election. 
I  have  letters  from  my  dear  child  Johnny,  telling  me  that  he 
had  information  of  this  kind. 

I  spent  the  residue  of  the  day  in  varioils  other  pieces  of 
business. 


352  MEMORIAL   OF  THE  PUBLIC  CREDITORS.  [1790 

December  18th.  —  Being  Saturday  and  excessively  cold, 
stayed  at  home  all  day.  Was  visited  by  Madison,  Bishop,  and 
"White,  and  many  other  respectable  characters. 

Settled  with  Mr.  Ogden.  His  bill  in  full  for  the  coupe 
carriage,  horse,  and  lodging  for  two  weeks,  ending  the  15th  at 
night,  and  all  the  washing  heretofore  done,  £4  7s.  7cL  Paid 
off,  and  he  has  ten  dollars  in  his  hands  to  stand  opposite  fire 
wood.  The  rate  of  boarding,  three  dollars  per  week,  exclusive 
of  firewood,  at  least  it  is  so  by  this  bill. 

This  night  it  is  reported  that  the  six-per-cents  were  at  par. 

December  19th,  Sunday. — The  cold  continued.  Dined  out 
with  Mr.  Powel.  Spent  the  most  of  the  day  in  writing  letters 
to  home. 

December  Wih,  Monday. — Paid  some  visits.  Attended 
at  the  Hall.  Congress  were  engaged  until  almost  three  with 
the  reading  of  a  long  and  most  impudent  memorial  from  the 
public  creditors.  Paid  visits,  etc.  The  weather  abated,  and 
prospect  of  a  thaw. 

Decem  ber  £lst,  Tuesday. — The  memorial  and  remonstrance 
of  the  public  creditors  engaged  us  some  time.  I  saw,  or  at 
least  I  thought  I  saw,  a  storm  gathering  in  the  countenances 
of  the  Senators  yesterday,  and  moved  an  adjournment.  I  told 
Mr.  Morris  of  it,  and  he  agreed  it  was  so,  and  for  fear  of  this 
same  storm  he  moved  an  adjournment  this  day.  But  Schuyler 
had  a. long  motion.  It  concluded  with  the  "danger"  and  "in 
expediency  "  of  any  innovation  in  the  funding.  A  variety  of 
opinions  were  now  offered  as  to  the  time  of  proceeding  to 
morrow.  Monday,  Friday,  and  Thursday  were  all  spoken  of, 
and  Thursday  agreed  to  take  it  up. 

This  day  the  Governor  of  our  State  was  proclaimed.  Mr. 
Morris  spoke  early  to  me.  His  words  w^ere,  "  I  expect  every 
moment  to  hear  from  the  delegation  who  are  now  meeting  to 
fix  a  time  to  wait  on  the  Governor,  and  I  will  let  you  know  of 
it,"  I  waited,  but  heard  nothing  from  him. 

December  22d. — I  called  this  morning  on  the  Comptroller, 
and  he  was  obliging  enough  to  send  for  Mr.  Smilie,  and  did 
my  character  justice  in  respect  to  sundry  aspersions  cast  on  it 
by  Mr.  Findley  and  Smilie. 

I  came  home ;  was  dressed  and  went  out  to  visit  about  ten. 


DEC.  23]  CALUMNY  AGAINST  OFFICIALS.  353 

Came  to  the  Hall  about  eleven.  Here  Mr.  Langdon  told  me 
that  Mr.  Morris  and  the  delegation  were  just  gone  to  wait  on 
the  Governor.  I  posted  after  and  thought  to  overtake  them. 
Called  on  the  Governor ;  was  sure  I  would  find  them  there. 
It  was  not  so.  Was  sure  they  would  come  in  every  moment. 
They  did  not  come  in.  I  returned  to  the  Hall ;  found  Mr. 
Morris  there.  He  apologized :  said  he  got  the  notification 
yesterday  in  company ;  the  time  was  half  after  ten.  He  had 
sent  his  servant  up  with  the  note  to  me.  I  asked  at  my  lodg 
ings.  ~No  note  was  there,  nor  had  anybody  seen  the  servant. 
From  the  drift  of  dust  and  feathers  you  see  how  the  wind 
blows. 

Paid  my  boarding  up  to  last  night ;  three  dollars. 

I  can  not  help  wishing  myself  honorably  quit  of  the  envi 
able  station.  What  a  host  of  enemies  has  it  not  raised  about 
me,  with  calumny  and  detraction  in  every  corner !  Fate  but 
grant  me  this,  that  their  dissensions  and  cabals  may  protect 
the  election  until  my  period  be  expired,  and  if  you  find  me  in 
this  city  twenty-four  hours  longer,  inflict  what  insult  you 
please  on  me.  Placed  on  an  eminence,  slander  and  defama 
tion  are  the  hooks  applied  to  pull  me  down.  It  is  natural  to 
make  some  efforts  to  disengage  one's  self  from  such  grap- 
plings,  yet  even  the  slightest  endeavor  of  this  kind  is  repro 
bated  as  an  attempt  to  procure  votes.  What  a  set  of  vipers ! 

December  23d. — Visited  this  morning  to  near  eleven.  At 
tended  at  the  Hall.  Mr.  Morris  was  late  in  coming.  And 
now  the  resolution  respecting  the  public  creditors,  or  rather 
in  answer  to  their  memorial,  was  taken  up.  Every  mode  was 
tried  to  let  them  down  easy,  as  the  phrase  is.  Great  accom 
modation  was  tried  to  get  Mr.  Morris  to  come  into  the  meas 
ure,  and  it  really  seemed  that  more  than  once  he  was  satisfied 
with  Elsworth's  modification  of  the  resolution.  King  offered  a 
second  one,  or,  perhaps,  I  might  say,  a  fourth  one,  which  was 
adopted.  Mr.  M.  told  me  he  would  agree  to  it.  But  a  num 
ber  rose  for  the  yeas  and  nays.  Mr.  Monroe,  of  Virginia, 
desired  to  be  excused,  and  was  so.  Mr.  Morris  was  the  only 
nay.  I  was  in  good  humor  myself,  although  I  considered  the 
vote  of  this  day  as  waging  a  war  with  the  public  creditors,  in 
which  I  will  most  probably  lose  my  re-election,  and  was  sorry 
23 


354  WILLIAM  MACLAY  ON  FUNDING.  [1790 

to  see  my  colleague  manifest  sucli  a  degree  of  obstinacy  and 
peevishness.  He  left  the  Senate  chamber  immediately  after 
the  vote. 

A  vote  for  the  inexpediency  of  altering  the  funding  sys 
tem  at  this  time,  from  a  person  who  uniformly  opposed  the 
system  in  its  passage  into  a  law,  may  seem  to  require  some 
apology.  My  vote  proceeds  not  from  an  approbation  of  the 
funding  system,  but  from  a  total  disapprobation  of  the  memo 
rial  now  before  us.  Upon  republican  principles,  I  hold  the 
voice  of  the  majority  to  be  sacred.  That  the  funding  law 
has  obtained  that  majority  is  undeniable,  and  acquiescence  is 
our  duty ;  but  I  never  will  subscribe  to  a  blind  and  unalter 
able  one.  The  making  debts  irredeemable  and  perpetual  is  a 
power  that  I  am  convinced  posterity  will  spurn  at.  The  West 
ern  lands  are  the  natural  fund  for  the  redemption  of  our 
national  debt  It  is  now  unproductive.  Perhaps  the  fault  is 
ours  that  it  is  so.  As  soon  as  it  is  otherwise,  I  would  be  happy 
to  see  all  stock  made  strictly  personal,  unalienable,  and  inca 
pable  of  descent  or  any  negotiation,  save  commutation  in 
lands ;  and  let  it  die  with  the  obstinate  speculator  who  refuses 
such  commutation.  The  stockholder,  to  any  amount,  is  an 
unproductive  character — worse,  he  is  the  tool  of  a  bad  admin 
istration.  A  good  one  needs  none.  It  is  enough  that  we  have 
seen  one  generation  of  them.  Let  us  not  perpetuate  the  breed  ; 
their  children,  cut  off  from  such  expectations,  will  be  restored 
to  industry. 

It  is  a  fact  that  the  six-per-cents  are  now  nearly  at  par,  or 
at  least  this  appearance  is  kept  up  among  the  speculators.  An 
act  passed  hastily  just  at  the  close  of  the  last  session  directed 
the  borrowing  two  millions  of  dollars  with  design  of  buying 
in  the  public  debt  and  lessening  it.  The  real  object  was  the 
increasing  it  by  raising  the  value.  Three  millions  of  florins 
have  been  borrowed  in  pursuance  of  this  law.  The  Board  of 
Purchase  named  in  the  law  completed  their  purchase  of  No 
vember  at  about  12s.  4d.  on  the  face  and  Is.  3d.  arrears.  It 
was  natural  to  expect  this  would  be  about  the  standing  value, 
but,  by  one  effort  of  impudence,  par  was  demanded  in  three 
days  on  the  appearance  of  the  Treasurer's  advertisements. 

December  Bl^th. — The  papers  full  of  the  advertisements 


DEC.  25]  PROFITS  TO  SPECULATORS.  355 

this  day  of  stock  of  every  kind  for  sale,  and  there  is  no  doubt 
but  the  show  of  sales  nearly  at  par  will  be  kept  up  in  order  to 
save  appearances  and  cover  the  advance  prices  which  are  daily 
given  by  the  Board  of  Purchase  through  the  medium  of  the 
Treasury.  This  whole  matter  of  purchasing  in  stock  to  sink 
the  debt,  ostensibly,  has  really  no  other  object  but  to  raise  the 
value -of  it,  and  so  to  make  immense  fortunes  to  the  specula 
tors  who  have  amassed  vast  quantities  of  certificates  for  little 
or  nothing.  I  did  not  think  it  possible  that  mankind  could 
be  so  easily  duped,  and  yet  there  never  was  a  vainer  task  than 
to  attempt  to  undeceive  them. 

Very  little  was  done  in  the  Senate  to-day.  Sundry  com 
munications  were  made  from  the  Representatives  relating  to 
the  settlement  on  Port  St.  Vincennes,  on  the  Wabash.  Which 
\vas  laid  on  our  table. 

Yesterday  the  Secretary's  [Hamilton's]  report  on  the  sub 
ject  of  a  national  bank  was  handed  to  us,  and  I  can  readily  find 
that  a  bank  will  be  the  consequence.  Considered  as  an  aristo 
cratic  engine,  I  have  no  great  predilection  for  banks.  They 
may  be  considered,  in  some  measure,  as  operating  like  a  tax  in 
favor  of  the  rich,  against  the  poor,  tending  to  the  accumula 
ting  in  a  few  hands ;  and  under  this  view  may  be  regarded  as 
opposed  to  republicanism.  And  yet  stock,  wealth,  money,  or 
property  of  any  kind  whatever  accumulated,  has  a  similar 
effect.  The  power  of  incorporating  may  be  inquired  into. 
But  the  old  Congress  enjoyed  it.  Bank  bills  are  promissory 
notes,  and,  of  course,  not  money.  I  see  no  objection  in  this 
quarter.  The  great  point  is,  if  possible,  to  prevent  the  making 
of  it  a  machine  for  the  mischievous  purposes  of  bad  minis 
ters  ;  and  this  must  depend  more  on  the  vigilance  of  future 
legislators  than  on  either  the  virtue  or  foresight  of  the  present 
ones. 

December  25th. — This,  being  Christmas-day,  dined  with 
Parson  Ewing,  and  had  the  task  of  hearing  him  rail  almost  all 
the  time  I  was  with  him  against  Congress.  He  talked  of 
demonstration  and  mathematical  proof  of  the  impositions 
which  he  had  sustained.  But  he  really  did  not  understand  the 
laws.  I  waived  all  altercation  with  him  as  much  as  I  could. 
He  had  the  terms  rogue  and  cheat  very  familiarly  at  his 


356  NOMINAL  KEDUCTION  OF  THE  DEBT.  [1790 

fingers'  ends,  or,  I  should  rather  say,  at  his  tongue's  end.  He, 
however,  talked  of  selling  out. 

I  was  this  day  assured  that  the  six-per-cents  were  above 
par.  The  law  for  purchases  allows  the  overplus  money  in  the 
Treasury,  after  satisfying  the  appropriations,  to  be  laid  out  in 
the  purchase  of  certificates  as  well  as  the  two  million  dollars  to 
be  borrowed  abroad.  It  was  originated  and  passed  after  I  left 
New  York,  and  is  certainly  the  most  impudent  transaction 
that  I  ever  knew  in  the  political  world.  I  regret  my  being 
absent  when  it  passed,  although  my  presence  could  have  had 
no  effect  whatever  on  the  progress  of  it  further  than  I  would 
have  borne  my  testimony  against  it.  This  nominal  reduction 
is  a  virtual  raising  of  the  whole  value  of  the  debt.  Something 
of  this  kind,  I  have  heard,  is  common  in  England.  When 
governments  attempt  a  purchase  of  any  kind  of  stock,  the 
holders  of  that  kind  of  stock  never  fail  to  raise  the  residue. 
Hamilton  must  have  known  this  well.  Our  speculators  knew 
all  this.  They  have  a  general  communication  with  each  other. 
They  are  actuated  by  one  spirit,  or,  I  should  rather  say,  by 
Hamilton.  Nobody,  generally  speaking,  but  them  buy.  It  is 
easy  for  them,  by  preconcert,  to  settle  what  proposals  they  will 
give  in  ;  and,  these  being  filled,  the  commissioners  are  justified 
in  taking  the  lowest.  I  can  not,  however,  help  predicting  that 
when  the  florins  are  out  there  will  be  a  crash  and  the  stocks 
will  fall. 

December  26th. — Being  Sunday,  my  brother  agreed  with 
me  that  we  would  visit  Dr.  Logan.  This  man  has  every  testi 
mony,  both  of  practice  and  profession,  in  favor  of  his  repub 
licanism.  He  has  been  in  the  Assembly  of  Pennsylvania,  and 
there  had  it  in  his  power  to  have  formed  a  coalition  with  the 
city  interest.  He  has,  however,  continued  firmly  attached  to 
the  rural  plans  and  arrangements  of  life  and  the  democratic 
system  of  government.  His  motto  is,  "  Vox populi  vox  Dei" 
But  mottoes  and  professions  nowadays  are  as  the  idle  wind 
which  no  one  ought  to  regard  unless  supported  by  practice ; 
and  scarce  can  you  depend  on  practice  unless  you  see  it  em 
bracing  interest.  This  has  been  in  some  degree  his  case.  We 
had  been  but  a  little  while  with  him  when  we  were  joined  by 
Judge  Burke,  of  South  Carolina.  This  was  the  very  man  who, 


DEC.  28]        ACCIDENT  TO  CONGRESSMAN  HARTLEY.  357 

while  in  New  York,  railed  so  tremendously  against  the 
Quakers,  and  against  Pennsylvania  for  having  Quakers.  Be 
hold  a  wonder !  Now  he  rails  against  slavery,  extols  Quakers, 
and  blazes  against  the  attentions  showed  to  General  Washing 
ton,  which  he  calls  idolatry ;  and  that  a  party  wish  as  much 
to  make  him  a  king  as  ever  the  flatterers  of  Cromwell  wished 
to  raise  him  to  that  dignity. 

Dr.  Logan  has  Oswald's  [news]  paper  at  his  devotion,  and 
I  can  see  that  Burke  will  discharge  many  of  his  sentiments 
through  this  channel.  Burke  said  many  just  things,  but  he  is 
too  new  a  convert  to  merit  confidence.  I  find,  however,  on 
examination,  that  this  is  the  same  man  who  wrote  against  the 
Cincinnati. 

December  27th,  Monday. — I  received  just  after  breakfast  a 
letter  from  Mr.  Harris,  and  spent  the  day  mostly  in  buying 
things  which  were  to  go  by  the  man  who  brought  the  letter, 
he  being  a  wagoner.  Just  as  I  came  out  of  the  door  of  the 
Hall,  Hartley  had  fallen  and  broke  his  arm.  I  was  among  the 
first  to  show  him  every  attention  that  his  situation  required, 
and  the  more  especially  as  I  have  reason  to  consider  him  as 
inimical  to  my  reappointment  to  the  Senate  of  the  United 
States.  This  day  produced  nothing  of  importance  in  the 
Senate.  My  attention  to  Hartley  prevented  my  returning  into 
the  Senate  chamber. 

December  %Sth,  Tuesday. — Attended  the  Senate  as  usual. 
A  slight  debate  took  place  respecting  a  law  for  continuing  per 
mission  to  the  States  of  Ehode  Island,  Maryland,  and  Georgia 
the  power  to  levy  certain  duties  of  tonnage  for  the  purposes  of 
repairs  on  their  respective  ports.  The  bill  was  recommitted, 
with  two  additional  members  added  to  the  committee. 

This  being  levee  day,  I  attended  in  a  new  suit.  This  piece 
of  duty  I  have  not  omitted  since  I  came  to  town,  and  if  there 
is  little  harm  in  it  there  can  not  be  much  good.  Jackson 
looked  shyly  at  me  this  day.  I  observed  his  eye  upon  me,  and 
it  had,  in  my  opinion,  something  of  the  malignant  in  it.  But 
I  never  cared  less  for  court  favor.  I  really  feel  a  thirst  to  re 
turn  to  my  family,  and,  although  I  will  feel  the  pang  which 
the  insult  of  being  rejected  will  inflict,  yet,  perhaps,  a  re-elec 
tion  might  be  among  my  misfortunes. 


358  ON  RE-ELECTION.  [1790 

December  29th. — This  day  a  blank  in  the  Senate  with  re 
spect  to  any  business  of  importance.  Mr.  Morris  told  me  I 
was  blamed  for  not  going  among  the  members  and  speaking  to 
them,  etc.  What  a  set  of  vipers  I  have  to  deal  with !  One 
party  watches  and  ridicules  me  if  I  am  seen  speaking  a  word 
to  a  member.  In  order  to  avoid  the  censure  of  them  I  have 
rather  secreted  myself  from  the  members,  and  the  fault  is  fixed 
on  it. 

William  Montgomery  called  this  evening  to  tell  me  that  he 
must  go  home  on  account  of  the  indisposition  of  his  wife. 
This  is,  perhaps,  a  vote  out  of  pocket,  but  can  not  be  helped. 

I  called  this  evening  at  the  lodgings  of  some  of  the  members 
who  were  out.  Fitzsimons  had  often  said  he  was  at  home  in 
the  evening,  and  desired  me  to  call.  I  drank  tea  with  him  and 
the  family.  Sat  a  good  while.  The  chat  was  various.  He 
did  not  touch  the  subject  of  my  re-election.  He  did  not  come 
with  me  to  the  door  when  I  took  my  leave — as  much  as  to  say, 
I  want  no  private  communication.  Be  it  so.  If  I  want  help, 
I  need  not  look  to  him  for  it.  Whatever  is,  is  best,  and  I  have 
little  doubt  that  my  rejection,  if  it  takes  place,  will  be  best. 

The  character  of  Brackenridge  was  introduced.  Fitzsimons 
said  he  came  down  in  the  State  Legislature  once.  We  took 
notice  of  him,  and  he  embarked  for  us  like  a  barrister  through 
thick  and  thin.  But  he  sold  himself  by  it,  lost  his  popularity, 
and  we  have  never  seen  him  since.  He  accompanied  this  with 
a  loud  laugh,  which  is  uncommon  with  him,  as  his  risibility 
seldom  exceeds  a  dry  smile  or  a  sarcastic  grin.  Mrs.  Fitz 
simons  cried  out :  "  How  insufferably  cruel  is  that,  my  dear  ! 
You  first  mislead  the  man,  and  now  ridicule  him  for  the  con 
sequences  of  his  mistakes."  She  did  not  just  say  the  devil  does 
so,  but  something  not  unlike  it.  It  gave  my  friend  Thomas 
Fitzsimons  the  flats,  for  he  hardly  said  a  word  afterward. 

December  30th. — I  called  this  day  on  sundry  members  of 
the  Assembly.  As  I  came  home  I  called  at  Boyd's,  the  place 
where  all  the  plots  are  laid  against  me.  Findley  talked  con 
fidently.  Smiley  and  Boyd  rather  seemed  to  oppose  him. 
But  I  have  a  right  to  consider  myself  as  among  a  den  of 
thieves.  I  need  never  cross  this  threshold  again.  Advances 
to  them  are  idle. 


DEC.  31]  CAPTIVES  AT  ALGIERS.  359 

Attended  the  Hall  at  the  usual  time.  A  communication 
from  the  President  respecting  the  prisoners  at  Algiers,  four 
teen  of  whom  only  are  alive,  was  delivered  to  the  Senate. 
Read  and  committed  to  the  Committee  on  the  Mediterranean 
Navigation.  Did  some  business  about  the  offices.  Called  and 
sat  a  good  part  of  the  evening  with  White,  who  had  two  of 
the  Lancaster  members  with  him — Carpenter  and  Brickbell. 
I  need  say  nothing  more  to  them.  They  now  know  rne.  From 
White  I  had  much  information  of  the  malignant  whispers, 
innuendoes,  and  malevolent  remarks  made  respecting  me.  It 
was  painful,  and  I  could  not  refrain  demanding  of  him  what 
or  whether  any  charge  was  made  against  me.  No,  no  ;  noth 
ing  in  particular,  but  everybody  says  :  "  The  people  don't  like 
you ;  the  people  won't  hear  of  your  re-election."  Who  are 
they  that  say  so  ?  "  The  leading  members  of  the  Assembly, 
officers  of  the  Land-Office,  citizens  of  Philadelphia,  and  others." 
Query :  Is  not  the  same  spirit  that  dictated  the  ostracism  at 
Athens,  the  petalism  at  Syracuse,  and  similar  measures  in  other 
places,  still  prevalent  in  the  human  mind  and  character  ?  The 
true  cause  of  these  banishments,  whether  by  the  oyster-shell  or 
the  olive-leaf,  was  really  to  remove  a  blameless  rival  out  of  the 
w^ay  of  less  deserving  competitors  for  office  by  the  name  fe'-'-d 
clamor  of  the  people  when  no  other  cause  could  be  alleged 
against  him.  In  this  way  is  there  not  in  every  free  country, 
where  the  competition  for  office  is  laid  open,  a  constant  c>stra- 
cism  at  work  on  the  character  of  every  man  eminent  for  ^'orth 
or  talents  ?  These  arts  will,  no  doubt,  prevail  on  many  occa 
sions,  but  they  will  now  be  universally  successful.  When  they 
do,  we  must  submit  to  them  as  in  some  measure  inseparable 
from  republicanism. 

December  31st. — Attended  at  the  Senate  this  day,  ^ 
nothing  was  done  of  any  consequence.    Sundry  papers  rel  ating 
to  the  inhabitants  of  Port  Yincennes,  or  Yincent,  on  the'  Wa- 
bash,  were  committed.     I  was  one  of  the  committee. 

I  went  a-visiting  with  Mr.  Langdon.  Dined  this  day  with 
Mr.  Morris.  I  can  observe  in  general  rather  a  coolness  ()f  the 
citizens  toward  me.  Be  it  so.  I  will  endeavor  not  to  vex 
myself  much  with  them. 

This  is  the  last  day  of  the  year,  and  I  have  faithfully  noted 


360  SCRAMBLE  FOR  OFFICE.  [1790 

every  political  transaction  that  has  happened  to  me  in  it.  And 
of  what  avail  had  it  been  ?  I  thought  it  possible  that  I  would 
be  called  on  with  respect  to  the  part  I  had  acted  in  the  Senate 
by  the  Legislature  of  Pennsylvania,  or  at  least  by  some  of 
them ;  but  is  there  a  man  of  them  who  has  thought  it  wrorth 
while  to  ask  a  single  question  ?  No.  Are  they  not,  every 
man  of  them,  straining  after  offices,  posts,  and  preferments  ? 
At  least,  every  one  of  them  who  has  the  smallest  chance  of 
success  ?  Yes,  verily.  Nor  is  there  a  man  who  seems  to  care 
a  farthing  how  I  acted,  but  wished  me  out,  to  make  a  vacancy. 
Reward  from  men  it  is  in  vain  to  look  for.  It  is,  however,  of 
some  consequence  to  me  that  I  have  nothing  to  charge  myself 
with. 

Having  some  leisure  on  hand,  I  have  looked  over  my  min 
utes  for  the  last  month.  It  is  with  shame  and  contrition  that 
I  find  the  subject  of  my  re-election  has  engaged  so  much  or 
any  of  my  thoughts.  Blessed  with  affluence,  domestic  in  my 
habits  and  manners,  rather  rigid  and  uncomplying  in  my  tem 
per,  generally  opposed  in  sentiments  to  the  prevailing  politics 
of  the  times ;  no  placeman,  speculator,  pensioner,  or  courtier 
— it  is  equally  absurd  for  me  to  wish  a  continuance  in  Con- 
gr<~^  as  to  desire  to  walk  among  briers  and  thorns  rather  than 
on  tlhe  beaten  road.  It  may  be  said  a  love  for  the  good  of  my 
country  should  influence  my  wishes.  Let  those  care  to  whom 
the  tjrust  is  committed  ;  but  never  beg  for  that  trust  when,  in 
my  o<wn  opinion,  I  have  been  of  so  little  service,  and  have  sacri 
ficed]  both  health  and  domestic  happiness  at  the  shrine  of  my 
country.  Nothing  that  I  could  do,  either  by  conversation  or 
WTitiiig,  has  been  wanting  to  let  men  see  the  danger  which  is 
bef  or»3  them.  But  seeing  is  not  the  sense  that  will  give  them  the 
alarm.  •  feeling  only  will  have  this  effect,  and  it  is  hard  to  say 
how  Callous  even  this  may  be.  Yet  when  the  seeds  of  the 
funding  system  ripen  into  taxation  of  every  kind  and  upon 
every  article ;  wrhen  the  general  judiciary,  like  an  enforcing 
machine,  follows  them  up,  seizing  and  carrying  men  from  one 
corner  of  a  State  to  another,  and  perhaps,  in  time,  through 
different  States,  I  should  not  be  at  all  disappointed  if  a  com- 
motio/ij  like  a  popular  fever,  should  be  excited,  and,  at  least, 
attempt  to  throw  off  these  political  disorders.  Ill,  however, 


DEC.  31]  NEW  YEAR  RESOLVES.  361 

will  the  Government  be,  under  which  an  old  man  can  not  eke 
out  ten  or  a  dozen  years  of  an  unimportant  life  in  quiet ;  and 
may  God  grant  peace  in  my  day ! 

But  as  to  the  point  in  hand,  let  me  now  mark  down  some 
rules  for  my  future  conduct. 

First,  then,  let  me  avoid  anything  that  may  seem  to  savor 
of  singularity  or  innovation ;  call  and  speak  to  my  acquaint 
ances  as  formerly,  but  avoid  with  the  utmost  care  the  subject 
of  senatorial  election  and  everything  connected  with  it.  If 
any  other  person  introduces  it,  he  must  either  be  a  real  or  a 
pretended  friend.  Hear  him,  therefore,  with  complacence,  and 
even  with  a  thankful  air ;  avoid  every  wish  or  opinion  of  my 
own,  especially  of  the  negative  kind,  for  everything  of  the  sort 
will  hazard  my  sincerity. 

Should  an  election  come  on  while  I  am  in  town,  stay  in  my 
place  during  the  time  of  it ;  and  if  it  should  be  adverse,  a  thing 
I  can  scarce  doubt  of,  immediately  send  in  my  resignation,  as 
the  appointment  of  another  person  must  be  considered  as  equiv 
ocal  proof  of  my  having  lost  the  confidence  of  the  State.  For 
this  purpose  let  my  letter  of  resignation  be  ready,  all  to  filling 
the  date ;  and  revise  it  while  I  am  cool,  for  it  is  not  unlikely 
that  with  so  many  eyes  upon  me  I  may  undergo  some  perturba 
tion  at  the  time. 

Lastly,  have  my  mare  in  readiness,  and  let  the  first  day  of 
my  liberty  be  employed  in  my  journey  homeward.  A  deter 
mination  of  this  kind  is  certainly  right,  for  I  have  tried  and 
feel  my  own  insignificance  and  total  inability  to  give  the 
smallest  check  to  the  torrent  which  is  pouring  down  on  us.  A 
system  is  daily  developing  itself  which  must  gradually  under 
mine  and  finally  destroy  our  so  much  boasted  equality,  liberty, 
and  republicanism — high  wages,  ample  compensations,  great 
salaries  to  every  person  connected  with  the  Government  of  the 
United  States.  The  desired  effect  is  already  produced ;  the 
frugal  and  parsimonious  appointments  of  the  individual  States 
are  held  in  contempt.  Men  of  pride,  ambition,  talents,  all 
press  forward  to  exhibit  their  abilities  on  the  theatre  of  the 
General  Government.  This,  I  think,  may  be  termed  grade 
first ;  and  to  a  miracle  it  has  succeeded. 

The  second  grade  or  stage  is  to  create  and  multiply  officers 


362  THE  PRESIDENT'S  PATRONAGE.  [1790 

and  appointments  under  the  General  Government  by  every 
possible  means  in  the  diplomacy,  judiciary,  and  military.  This 
is  called  giving  the  President  a  respectable  patronage — a  term, 
I  confess,  new  to  me  in  the  present  sense  of  it,  which  I  take  to 
mean  neither  more  nor  less  than  that  the  President  should 
always  have  a  number  of  lucrative  places  in  his  gift  to  reward 
those  members  of  Congress  who  may  promote  his  views  or 
support  his  measures ;  more  especially  if  by  such  conduct  they 
should  forfeit  the  esteem  of  their  constituents.  We  talk  of 
corruption  in  Great  Britain.  I  pray  we  may  not  have  occasion 
for  complaints  of  a  similar  nature  here.  Eespice  finem  as  to 
the  third. 


JAN.  2]  NEW  YEAR'S  CALLS.  303 


CHAPTEE  XIII. 

CENTRALIZATION    OF    POWER. 

January  1,  1791. — Neither  Congress  nor  the  Legislature 
of  the  State  met  this  day.  I  went  to  settle  some  business  with 

»/ 

the  Comptroller  of  the  State,  but  he  \vas  equally  complaisant 
to  the  day  as  the  Government.  I  determined  to  do  something 
since  I  was' out,  and  called  on  my  tailor,  who  took  the  amount 
of  his  bill.  I  then  visited  Hartley,  who  lies  ill  with  his 
broken  arm.  Just  as  I  passed  the  President's  house,  Griffin 
called  to  me  and  asked  whether  I  would  not  pay  my  respects 
to  the  President.  I  was  in  boots  and  had  on  my  worst  clothes. 
I  could  not  prevail  on  myself  to  go  with  him.  I  had,  however, 
passed  him  but  a  little  way  when  Osgood,  Postmaster-General, 
attacked  me  warmly  to  go  with  him.  I  was  pushed  forward 
by  him ;  bolted  into  the  presence ;  made  the  President  the 
compliments  of  the  season  ;  had  a  hearty  shake  by  the  hand.  I 
was  asked  to  partake  of  the  punch  and  cakes,  but  declined.  I 
sat  down,  and  we  had  some  chat.  But  the  diplomatic  gentry 
and  foreigners  coming  in,  I  embraced  the  first  vacancy  to  make 
my  bow  and  wish  him  a  good-morning. 

I  called  next  on  the  Governor  of  the  State  and  paid  my 
compliments,  and  so  came  home  to  my  dinner ;  and  thus  have 
I  commenced  the  year  1791. 

January  2d. — Being  Sunday,  I  stayed  at  home  in  the  fore 
noon  and  attended  at  meeting  in  the  afternoon.  To  worship 
once  on  the  day  devoted  to  the  Deity  is  as  small  a  compliment 
as  decency  can  pay  to  the  religion  of  any  country,  and  a  regard 
to  health  will  prefer  the  after  to  the  forenoon  service  at  this 
season  of  the  year,  as  the  fire  in  the  stoves  has  had  then  time 
to  produce  a  greater  effect  in  warming  the  house.  I  saw  no- 


364  THE  TROUBLE   WITH  ALGIERS.  [1791 

body  this  day,  but  received  a  letter  from  home  by  Colonel 
Cook. 

January  3d. — Being  Monday,  I  attended  at  the  Hall  early 
on  a  committee  respecting  the  settlers  on  the  Wabash  and  Mis 
sissippi.  The  business  being  tedious,  the  committee  agreed  to 
meet  to-morrow  morning  at  ten  o'clock.  We  had  a  communica 
tion  from  the  President  with  some  nominations,  and  one  from 
the  Representatives  respecting  the  Algerines.  It  was  from 
Jefferson.  It  held  out  that  we  must  either  go  to  war  with 
these  piratical  states,  compound  and  pay  them  an  annual  sti 
pend,  and  ransom  our  captives,  or  give  up  trade.  The  report 
seemed  to  breathe  resentment,  and  abounded  with  martial  esti 
mates  in  a  naval  way.  We  have  now  fourteen  unhappy  men 
in  captivity  at  Algiers.  I  wish  we  had  them  relieved,  and  the 
trade  to  the  Mediterranean  abandoned.  There  can  be  no 
chance  of  our  wanting  a  market  for  our  produce.  At  least, 
nothing  of  the  kind  has  yet  happened. 

This  day  the  Bank  bill  reported.  It  is  totally  in  vain  to 
oppose  this  bill.  The  only  useful  part  I  can  act  is  to  try  to 
make  it  of  some  benefit  to  the  public,  which  reaps  none  from 
the  existing  banks. 

January  Itfh,  Tuesday. — Attended  early  on  the  committee 
on  the  Wabash  business.  I  could  not  help  remarking  the 
amazing  predilection  of  the  New  England  people  for  each 
other.  There  was  no  room  for  debate,  but  good  sense  and 
even  Demonstration  herself,  if  personified,  would  be  disregarded 
by  the  wise  men  of  the  East  if  she  did  not  come  from  a  New 
England  man. 

The  several  bills  were  read  this  day,  and  business  proceeded 
in  the  usual  routine  without  any  debate  of  consequence. 

It  was  levee  day.  I  dressed  and  did  the  duty  of  it.  Handed 
a  petition  of  Mr.  Adlum's  to  Major  Jackson.  Nothing  else 
of  consequence  happened.  This  petition  business  carried  me 
there,  and  now  I  think,  unless  I  am  somehow  called  on,  I  will 
never  see  them  more. 

January  5th,  Wednesday. — Attended  early  at  the  Hall  to 
meet  the  committee,  but  they  let  me  sit  an  hour  without  at 
tending  me.  Strong  had  not  made  his  draft  of  a  report  and 
was  busy  at  it  in  the  Secretary's  office,  and  Elsworth  would  do 


JAN.  5]  AVARICE  AND  AMBITION  IN   POLITICS.  365 

nothing  without  him.  But  at  last  both  drafts,  Strong's  and 
mine,  were  produced.  I  was  ready  to  condemn  my  own  when 
there  was  a  shadow  of  objection,  but  even  this  conduct  would 
not  excite  a  particle  of  candor.  I,  however,  cared  but  little, 
and  was  so  well  guarded  that  the  smallest  semblance  of  discon 
tent  did  not  escape  me.  General  Dickenson  came  in.  He 
took  me  to  one  side.  "  You  have,"  said  he,  "  enemies  in  this 
place.  I  dined  yesterday  with  the  Governor.  He  is  your 
enemy.  He  said  you  will  be  hard  run,  and  mentioned  Smilie 
as  being  your  competitor."  I  thanked  him  for  the  communi 
cation,  nor  could  I  do  less,  however  indifferent  I  might  be  as 
to  the  event. 

And  now  it  is  evident  what  plan  has  been  chalked  out  at 
Boyd's.  My  brother  overheard  Matthew  Irwin  tell  Findley 
that  he  (Findley)  could  command  anything  in  the  power  of  the 
people ;  that  another  man,  whom  my  brother  believed  to  be 
Smilie,  could  not  do  it  so  certainly ;  therefore,  that  Findley 
must  depend  on  the  people  and  the  other  one  on  the  Legisla 
ture.  Mr.  Kenecly  told  my  brother  that  Maclure  wanted  much 
to  be  in  the  Representatives,  and  the  arrangement  of  districts 
which  Findley  read  over  at  our  lodgings  plainly  pointed  out  a 
nest  for  Mr.  Lane — Franklin,  Bedford,  Mimin,  Huntington, 
and  Northumberland  Counties.  Maclure  is  all-powerful  in 
Franklin  and  Bedford,  and  has  a  son  living  and  a  considerable 
party  attached  to  him  in  Huntington,  so  that  the  patriotism  of 
all  these  three  champions  for  liberty  resolves  itself  into  pro 
viding  places  for  their  accommodation. 

I  could  add  more  names,  evidently  abstracted  by  the  same 
principles,  but  the  shortest  way  of  completing  the  category  is 
by  determining  the  rule  general,  for  I  candidly  confess  I  know 
not  an  exception  among  the  present  political  figments  of  Penn 
sylvania.  Avarice  and  ambition  are  the  motives,  while  the  cry 
of  patriotism  and  the  interest  of  the  people  are  used  as  the 
ways  and  means  of  advancing  their  private  ends.  This  pe 
culiar  malady  is  not  peculiar  to  Pennsylvania.  It  is  the  disease 
of  all  popular  governments.  Nor  does  the  fault  seem  to  be  in 
Nature.  She  certainly  at  all  times  produces  stores  of  candid 
and  ingenious  characters ;  but  these,  generally  modest  and  un 
assuming,  are  passed  by  in  the  ferment  of  popular  elections, 


DINNER  WITH  MR.  BINGHAM.  [1791 

while  the  fiery  and  forward  declaim  on  general  grievances  and 
pour  forth  their  promises  of  redress.  It  is  thus  that  ambitious 
men  obtain  the  management  of  republics,  and  to  this  cause  is, 
perhaps,  owing  their  fall  and  declension  throughout  the  world, 
for  no  selfish,  ambitious  man  ever  was  a  patriot. 

January  6th,  Thursday. — Nothing  of  consequence  to  the 
continent  was  transacted  to-day,  unless  it  was  the  report  of  the 
committee  on  the  Algerine  affair.  The  amount  of  it  was : 

First.  The  trade  of  the  American  States  in  the  Mediter 
ranean  can  not  be  supported  without  an  armed  force  and  going 
to  war  with  them. 

Secondly.  This  ought  to  be  done  as  soon  as  the  Treasury 
of  the  United  States  will  admit  of  it.  It  is  evident  that  war 
has  been  engaged  in  with  the  Indians  on  the  frontiers  in  rather 
an  unadvised  manner,  and  it  is  also  evident  that  there  is  a  wish 
to  engage  us  in  this  distant  war  with  these  pirates.  All  this 
goes  to  increase  our  burdens  and  taxes,  and  these  in  a  debate 
of  this  day  were  called  the  only  bonds  of  our  Union.  I  will 
certainly  oppose  all  this. 

Dined  this  day  with  Mr.  Bingham.  I  can  not  say  that  he 
affects  to  entertain  in  a  style  beyond  everything  in  this  place, 
or  perhaps  in  America.  He  really  does  so.  There  is  a  pro 
priety,  a  neatness,  a -cleanliness  that  adds  to  the  splendor  of  his 
costly  furniture  and  elegant  apartments.  I  am  told  he  is  my 
enemy.  I  believe  it.  But  let  not  malice  harbor  with  me.  It 
is  not  as  William  Maclay  that  he  opposes  me,  but  as  the  object 
that  stands  in  the  way  of  his  wishes  and  the  dictates  of  his 
ambitions,  and  on  this  principle  he  would  oppose  perfection 
itself. 

January  7th. — Attended  at  the  Senate  as  usual.  We  re 
ported  a  bill  for  the  Wabash  and  Illinois  donation.  Sundry 
other  things  were  done  in  the  usual  routine  of  business.  The 
Kentucky  bill  was  taken  up.  I  considered  it  so  imperfectly 
drawn  with  respect  to  what  were  to  be  the  boundaries  of  the 
new  State  that  I  opposed  it,  and  there  was  much  altercation  on 
the  subject,  but  entirely  in  the  gentlemanly  way.  It  ended  in 
a  postponement,  with  the  consent  of  the  Virginia  member,  Mr. 
Monroe. 

Mr.  Morris  stayed  out  all  the  time  of  the  debate.     When 


JAN.  8]  LETTER  TO  JOHN   HARRIS.  367 

the  Senate  adjourned  he  asked  me  to  go  and  eat  "pepper-pot" 
with  him.  I  agreed,  and  accordingly  dined  with  him  en 
famille.  I  can  not  believe  that  he  is  my  enemy  with  respect 
to  my  re-election  ;  the  thing  is  impossible.  I  chatted  with  the 
family  till  nearly  dark,  and  came  home,  as  I  had  an  opportu 
nity,  with  Mr.  Hanna. 

The  human  heart  really  is  a  strange  machine.  I  certainly 
have  severely  felt  the  inconvenience  of  being  from  home  these 
two  years  past,  and  my  judgment  plainly  tells  me  that  I  am 
wrong  in  having  submitted  to  it.  Further,  I  can  not  help 
knowing  that  my  re-election,  with  no  friends  and  many  ene 
mies,  is  impossible  ;  and  yet,  under  all  these  circumstances,  the 
man  who  expresses  favorable  wishes  is  "by  far  the  most  accept 
able  to  me.  But  upon  the  whole  this  is  right.  Good  ought 
to  beget  gratitude  ;  but  oh,  what  a  recollection  is  it  that  under 
such  circumstances  I  am  independent,  or,  in  other  words,  that 
my  manner  of  living  has  always  been  within  my  means  ! 

A  letter  to  Mr.  Harris  [the  founder  of  Harrisburg,  Penn 
sylvania]  : 

PHILADELPHIA,  January  8,  1791. 

DEAR  SIR  :  Agreeably  to  your  request  I  send  you  by  Mr. 
Hanna  £61 : 14 : 6  in  State  money  of  1T85,  and  3,200  dollars 
in  post  notes  of  100  dollars  each,  being  1,200  pounds ;  the 
whole  amount  which  I  received  for  your  certificates  was  1,275  : 
13  :  5.  The  present  remittance  leaves  a  balance  of  £75  : 13  :  5 
in  my  hands,  from  which  deduct  £9  : 15  :  0  paid  for  carpet,  and 
£10  : 15  : 11  paid  for  groceries : 

£75:13:   5 


£9:15:  0 

10:15:11 


20:10:11 


£55:   2:   6 

This  leaves  a  balance  of  £55  :  2  :  6  of  your  money  in  my 
hands,  agreeably  to  an  account  current  which  I  inclose.  This 
balance  I  will  pay  you  at  any  time. 

As  for  newspapers  and  other  occurrences  I  refer  you  to 
Mr.  Hanna  for  them.  The  bills  are  all  inclosed  to  you,  and 
one  which  I  paid  to  Edward  Brooks,  not  put  into  my  account, 
as  you  gave  me  four  dollars  for  this  purpose. 

I  am  sir,  with  much  regard,  your  most  obedient  servant, 

W.  M. 


368  THE  BANK  BILL  TAKEN  UP.  [1791 

I  added  a  considerable  deal  more  to  my  letter,  and  sent  the 
$3,200  and  the  State  money,  £61 : 14  :  6,  along  with  Mr. 
Hanna,  who  set  off  on  Sunday  morning.  I  find  that  Mr. 
Hanna  or  I  made  a  mistake,  and  he  has  a  note  of  $1.70  in 
stead  of  $100.  I  have  sent  the  note  of  $100  by  Bobby  Harris. 
This  only  lessens  the  balance  I  owe  Mr.  Harris  to  the  value  of 

the  small  note  13s.  6d. 

£55:   2:6 
Less,  13 : 6 

Balance,         £54:   9:0 

January  9th,  Sunday. — The  most  disagreeable  of  any  day 
this  year.  I,  however,  went  to  meeting,  and  the  consequence 
was  a  cold.  Wrote  letters  to  my  family,  and  spent  the  after 
part  of  the  day  at  home. 

January  10th,  Monday. — Attended  at  the  Hall  as  usual. 
The  Bank  bill  was  the  order  of  the  day.  I  did  not  embark 
deeply,  but  was  up  two  or  three  times.  The  debates  were 
conducted  in  rather  desultory  manner.  The  objectors  were 
Izard,  Butler,  and  Monroe.  A  postponement  took  place. 

January  llth,  Tuesday. — The  Bank  bill  taken  up,  and  the 
debates  became  rather  more  close  arid  interesting.  I  was  up 
several  times,  but  the  debates  were  rather  on  collateral  points 
than  on  the  substance  of  the  bill.  The  ostensible  object  held 
out  by  Butler  and  Izard  were  that  the  public  should  have  all 
the  advantages  of  the  bank ;  but  showed  no  foundation  for 
this,  no  system,  no  plan  or  calculation.  They  were  called  on 
to  show  any,  and  were  promised  support  if  they  could  show 
any  practicability  in  their  system.  Till  after  three  o'clock 
was  the  matter  agitated,  and  a  postponement  broke  up  the 
business  of  the  day. 

January  l&th,  Wednesday. — The  Bank  bill  was  the  busi 
ness  of  this  day,  but  Monroe  called  for  a  postponement  of  the 
subject,  and  succeeded.  A  bill  was  now  called  up  respecting 
consuls  and  vice-consuls.  This  bill  was  drawn  and  brought  in 
by  Elsworth,  and,  of  course,  he  hung  like  a  bat  to  every  par 
ticle  of  it.  The  first  clause  was  a  mere  chaos — style,  pream 
ble,  and  enacting  clause  all  jumbled  together.  It  was  really 
unamendable ;  at  least,  the  shortest  way  to  amend  it  was  to 
bring  in  a  new  one. 


JAN.  13]         DINNER   WITH  GOVERNOR  NICHOLSON. 

This  same  Elswortli  is  a  striking  instance  how  powerful  a 
man  may  be  in  some  departments  of  the  mind  and  defective  in 
others.  All-powerful  and  eloquent  in  debate,  he  is,  notwith 
standing,  a  miserable  draftsman.  The  habits  of  the  bar  and 

o" 

the  lists  of  litigation  have  formed  him  to  the  former  ;  the  lat 
ter  is  in  a  degree  the  gift  of  ^Nature. 

I  dined  this  day  with  Mr.  Nicholson.  The  company  :  Mr. 
Montgomery,  Smilie,  B.  McClenachan,  T.  Smith,  Kittera, 
Hamilton,  and  others.  Desultory  conversation  on  a  variety  of 
subjects.  I  left  them,  for,  from  some  hints,  it  seemed  as  if 
they  meant  to  discourse  of  the  appointment  of  a  Senator,  etc. 
A  thought  passed  my  mind  that  Nicholson,  who  has  often  ex 
pressed  approbation  of  my  conduct,  had  some  hand  in  it.  But 
I  will  not  disgrace  myself  in  this  business.  Circumstanced  as 
I  am,  all  the  caballing  and  intrigue  I  could  exercise  would  not 
be  effectual.  And  suppose  me  successful,  what  am  I  to  gain  ? 
Pain,  remorse,  vexation,  and  loss  of  health ;  for  I  verily  be 
lieve  that  my  political  wrangles  have  affected  my  corporeal 
feelings  so  as  to  bring  on,  in  a  degree,  my  rheumatic  indispo 
sition.  It  is  a  melancholy  truth,  but  I  see  plainly  that  even 
the  best  men  will  not  emerge  to  office  in  republics  without 
submitting,  either  directly  or  indirectly,  to  a  degree  of  in 
trigue.  It  is  not,  perhaps,  so  much  the  case  in  monarchies, 
for  even  tyrants  wish  to  be  served  with  fidelity.  Sed  ubi  plu- 
rima  notent  non  ego  paucis  offendar  maculis. 

January  13th,  Thursday. — This  day  the  Bank  bill  was  de 
bated,  but  in  so  desultory  a  manner  as  not  to  merit  the  com 
mitment  of  anything  to  paper. 

This  day  I  dined  with  General  Dickenson.  As  I  went 
there  I  fell  in  with  Mr.  Morris.  He  told  me  that  Bingham 
had  informed  him  great  discontents  prevailed  in  the  General 
Assembly,  and  that  they  were  about  to  instruct  their  Senators. 
He  added  that  he  was  sure  that  Bingham  had  a  hand  in  it. 

The  dinner  was  a  great  one,  and  the  ladies,  only  three  of 
whom  attended,  were  richly  or  at  least  fashionably  dressed. 
Nothing  remarkable.  I  sat  between  two  merchants  of  con 
siderable  note.  I  broached  the  subject  of  the  bank,  and  found 
them  magnetically  drawn  to  the  contemplation  of  the  moneyed 
interest. 

24 


370  CONFUSION  IN  THE  SENATE.  [1791 

January  14th,  Friday. — This  day  the  bank  engaged  us  to 
the  hour  of  adjournment.  It  was  limited  to  twenty  years.  Mr. 
Morris  had  yesterday  declared  that  the  public  ought  to  sub 
scribe  on  the  same  terms  as  other  individuals.  It  was  not  so 
in  the  bill.  I  showed  him  an  amendment  to  this  purpose,  and 
asked  him  to  support  me  in  it.  He  said  Sclmyler  had  told 
him  that  Hamilton  said  it  must  not  be  altered,  but  concluded. 
I  will  speak  to  Hamilton.  Adjourned  over  till  Monday. 

January  loth,  Saturday. — This  was  a  very  disagreeable 
day.  I  stayed  at  home  and  read  Price  on  Annuities.  I  find 
he  establishes  an  opinion  which  I  had  long  entertained  that 
women  are  longer-lived  than  men.  This  I  used  to  charge  to 
accidents  and  intemperance.  But  he  goes  further,  and  seems 
to  place  it  in  nature,  as  more  males  than  females  die  in  infancy. 

January  16th,  Sunday. — AVent  to  meeting  and  caught  some 
cold,  as  usual.  Spent  the  residue  of  the  day  in  reading. 

January  17th,  Monday. — This  day  Mr.  Morris  stayed  very 
late.  Langdon  came  and  complained  of  him.  "  This  is  always 
his  way.  He  never  will  come  when  there  is  any  debate."  He, 
however,  came.  I  asked  him  whether  he  had  called  on  Hamil 
ton.  No.  I  said  I  had  a  mind  to  move  a  recommitment,  that 
the  Secretary  of  the  Treasury  might  be  consulted  and  furnish 
the  committee  with  calculations  on  this  subject,  as  I  had  no 
doubt  but  he  had  such.  He  said  he  would  move  such  a  thing, 
but  did  not.  The  question  was  put  on  the  clause.  Several  said 
ay.  I  got  up  ;  spoke  longer  than  I  intended  ;  and  made  such 
a  motion,  but  my  colleague  did  not  second  me.  I  was  seconded 
by  Butler. 

And  now  such  a  scene  of  confused  speeches  followed  as  I 
have  seldom  heard  before.  Every  one  affected  to  understand 
the  subject,  and  undervalue  the  capacities  of  those  who  dif 
fered  from  himself.  If  my  mental  faculties  and  organs  of 
hearing  do  not  both  deceive  me,  I  really  never  heard  such 
conclusions  attempted  to  be  drawn.  I  wanted  some  advantage 
to  the  United  States.  They  were  to  subscribe  two  millions 
specie.  Elsworth  repeatedly  said  they  were  to  do  this  only  as 
a  deposit,  and  I  am  convinced  he  wanted  to  deprive  the  pub 
lic  of  all  advantage  save  that  of  safe  keeping  and  convenience 
in  collecting  which  they  could  derive  from  the  banks  in  ex- 


JAN.  18]  DEBATE  ON  THE  BANK  BILL. 

istence  as  well  as  from  any  new  one.  All  other  persons  had 
the  power  of  subscribing  three  fourths  in  public  securities. 
It  was  contended  that  this  was  nothing  against  the  public, 
although  it  was  admitted  on  all  hands  that  six-per-cents  were 
now  at  sixteen  shillings  in  the  pound.  King,  Elsworth,  and 
Strong  all  harped  on  this  string  with  the  most  barefaced  ab 
surdity  that  I  ever  was  witness  to  in  iny  life. 

I  am  now  more  fully  convinced  than  ever  before  of  the 
propriety  of  opening  our  doors.  I  am  confident  some  gentle 
men  would  have  been  ashamed  to  have  seen  their  speeches  of 
this  day  reflected  in  the  newspapers  of  to-morrow.  We  sat 
till  a  quarter  after  three,  and  adjourned  without  any  question 
being  put. 

I  know  not  whether  this  fear  of  taking  the  question  did 
not  arise  from  some  pointed  expressions  which  fell  from  me. 
I  told  them  plainly  that  I  was  no  advocate  of  the  banking  sys 
tems  ;  that  I  considered  them  as  machines  for  promoting  the 
profits  of  unproductive  men  ;  that  the  business  of  the  United 
States,  so  far  as  respected  deposits,  could  be  done  in  the  pres 
ent  banks  ;  that  the  whole  profit  of  the  bank  ought  to  belong 
to  the  public,  provided  it  was  possible  to  advance  the  whole 
stock  on  her  account.  I  was  sorry  that  this  at  present  was  not 
possible.  I  would,  however,  take  half,  or  I  should  rather,  in 
the  present  case,  say  one  fifth  of  the  loaf  rather  than  no  bread. 
But  I  must  remark  that  the  public  was  grossly  imposed  upon 
in  the  present  instance.  While  she  advanced  all  specie,  indi 
viduals  advanced  three  fourths  in  certificates,  which  were  of 
no  more  value  in  the  support  of  the  bank  than  so  much  stub 
ble.  To  make  this  plain :  Suppose  the  vaults  empty,  and  a 
note  presented  for  payment :  would  the  bearer  take  certificates 
as  specie  ?  No,  verily.  Besides,  the  certificates  were  all  under 
interest  already,  and  it  was  highly  "unjust  that  other  paper 
should  be  issued  on  their  credit  which  bore  a  premium  and 
operated  as  a  further  tax  on  the  country. 

January  18th,  Tuesday.  —  This  day  the  Bank  bill  was 
taken  up  again.  I  feel  much  reluctance  to  minute  anything 
on  this  subject.  I  never  saw  the  spirit  of  speculation  display 
itself  in  stronger  colors.  Indeed,  the  guise  of  regard  for  the 
interest  of  the  public  was  not  preserved.  Two  millions  of 


372  MR-  MORRIS  CONTRADICTS.  [1791 

specie  is  to  be  subscribed  in  by  the  public.  This  is  to  be  the 
basis  of  the  bank;  and  the  other  subscribers,  who  are  to  draw 
dividends  according  to  their  subscriptions,  are  to  pay  three 
fourths  in  certificates.  King  evidently  wanted,  by  a  side-wind, 
to  exclude  the  public  from  any  dividend,  under  an  idea  which 
strangely  inculcated  that  the  subscription  of  the  public  was  to 
be  over  and  above  the  capital — ten  millions — of  the  bank,  and 
was  to  be  considered  as  a  deposit.  A  position  which  resolved 
itself  into  this :  that  the  public  should  find  the  specie  to  sup 
port  the  bank  while  the  speculators,  who  subscribe  almost 
wholly  in  certificates,  receive  the  profits  of  the  dividends. 

Morris  gave  me  some  marks  of  his  malevolence.  While  I 
was  up  and  speaking  and  saw  well  what  I  said,  he  said,  loud 
enough  to  be  heard  over  half  the  Chamber,  "  that  I  was  mis 
taken."  I  varied  the  arguments  a  little ;  took  new  ground, 
and  after  placing  them  in  what  I  thought  an  incontrovertible 
light,  I  concluded,  "  Here  I  am  not  mistaken."  The  point  on 
which  my  mistake  was  charged  was  my  alleging  that  the  Bank 
of  North  America  wrought  but  seven  hundred  and  fifty  thou 
sand  dollars.  General  Dickenson  sat  by  me  and  wras  willing 
to  be  called  on  that  they  wrought  but  seven  hundred  and  forty 
thousand  dollars — ten  thousand  dollars  less  than  I  had  men 
tioned.  He  is,  howrever,  a  very  good-natured  man,  and  I  would 
not  call  on  him.  He  [General  Dickenson]  whispered  to  me  : 
"  This  day  the  Treasury  will  make  another  purchase,  for  Ham 
ilton  has  drawn  fifteen  thousand  dollars  from  the  bank  in  order 
to  buy,  as  I  suppose."  What  a  damnable  villain  ! 

January  19th. — My  brother  went  with  me  last  night  to 
the  lodgings  of  Mrs.  Bell  and  communicated  to  her  the  news 
of  the  death  of  her  father.  She  manifested  the  most  un 
bounded  grief,  so  as  to  give  distress  to  the  bystanders.  Death, 
Death,  thou  art  a  solemn  messenger,  and  will  take  us  all  in  ro 
tation  !  But  let  me  pause.  What  art  thou  ?  I  have  been  so 
ill  that  I  would  have  swallowed  thee  in  an  anodyne.  Yes, 
when  our  joys  leave  us,  when  pain  possesses  all  our  feelings, 
thou  art  the  grand  composer  of  all  our  miseries,  the  last  potion 
in  the  cup  of  life ;  and  surely  it  need  not  be  called  a  bitter 
one,  for  none  ever  complained  after  swallowing  the  draught. 
How  little  of  the  sweet  and  how  deeply  dashed  with  gall  is 


JAN.  20J      .  DANGER   IX   THE   BANK   BILL.  373 

the  diet  of  life  !  Passes  there  a  day  in  which  we  taste  not 
of  it  ? 

This  day  the  Bank  bill  passed  all  through.  The  last  clause 
was  caviled  at.  I  supported  it  on  the  principle  that  any  law 
containing  a  grant  of  any  kind  should  "be  irrepealable.  Laws 
touching  the  regulation  of  morals,  manners,  or  property,  are 
all  made  on  the  principle  of  experiment  and  accommodation 
to  time  and  place  ;  but  when  legislators  make  grants  the  deed 
should  remain  inviolate.  Three  opinions  prevailed  in  the  Sen 
ate  respecting  this  bill ;  or  rather,  I  should  say,  three  motives 
of  action.  The  most  prevalent  seemed  to  be  to  accommodate 
it  to  the  views  of  the  stockholders  who  may  subscribe.  The 
Potomac  interest  seem  to  regard  it  as  a  machine  which,  in  the 
hands  of  the  Philadelphians,  might  retard  the  removal  of  Con 
gress.  The  destruction  of  it,  of  course,  was  their  object.  I 
really  wished  to  make  it  as  subservient  to  the  public  as  possi 
ble.  Though  all  professed  this,  yet  I  thought  few  gave  them 
selves  any  trouble  to  promote  it.  I  can  not  help  adding  a 
sincere  wish  that  the  integrity  of  the  directors  may  make 
amends  for  the  want  of  it  in  many  of  the  legislators  who 
enacted  it.  For,  in  the  hands  of  bad  men,  it  may  be  made  a 
most  mischievous  engine ;  but,  indeed,  so  may  even  the  best 
of  human  institutions. 

January  20th. — The  business  of  this  day  was  the  third 
reading  of  the  Bank  bill.  The  same  questions  were  agitated 
over  again,  but  without  heat.  It  was  moved  to  reduce  the 
limitation  to  ten  years.  I  at  one  time  thought  this  long  enough, 
but  I  conversed  on  the  subject  with  every  moneyed  man  I 
could  find,  and  they  uniformly  declared  that  they  would  not 
subscribe  on  so  short  a  period,  and  the  consequence  would  be 
that  they  would  all  join  in  supporting  the  old  banks  and  bear 
ing  down  the  national  one.  I  sincerely  wish  to  derive  a  bene 
fit  to  the  public  from  the  bank  ;  and  considering  that  the  pub 
lic  are,  in  this  respect,  in  the  hands  of  the  moneyed  interest,  I 
thought  it  best  to  agree  to  such  a  bargain  as  we  could  make, 
and  accordingly  voted  against  this  motion.*  Accident  threw 
me  in  the  company  with  these  men,  but  I  abhor  their  design 

*  The  motion  to  limit  the  term  of  the  bank  to  the  year  1801  instead  of 
1811. 


37-i  DINNER  WITH  WASHINGTON.  [1791 

of  destroying  the  bank  altogether.  Mr.  Morris  came  very  late 
this  day — indeed,  not  until  all  the  business  was  over — but  he 
desired  leave  to  have  his  vote  inserted  on  the  minutes,  which 
was  granted. 

Dined  with  the  President  this  day.  Sundry  gentlemen 
met  me  at  the  door,  and,  though  I  rather  declined,  they  pushed 
me  forward.  After  I  had  made  my  bows  and  was  inclining 
toward  a  vacant  seat,  the  President,  who  rose  to  receive  me, 
edged  about  on  the  sofa  as  he  sat  down,  and  said,  "  Here  is 
room."  But  I  had  put  myself  in  motion  for  another  vacant 
seat.  A  true  courtier  would  have  changed,  but  I  am  not  one, 
and  sat  on  the  opposite  settee  or  sofa  with  some  New  England 
men.  At  dinner,  after  my  second  plate  had  been  taken  away, 
the  President  offered  to  help  me  to  part  of  a  dish  which  stood 
before  him.  Was  ever  anything  so  unlucky  ?  I  had  just  be 
fore  declined  being  helped  to  anything  more,  with  some  ex 
pression  that  denoted  my  having  made  up  my  dinner.  Had, 
of  course,  for  the  sake  of  consistency,  to  thank  him  negatively, 
but  when  the  dessert  came,  and  he  was  distributing  a  pudding, 
he  gave  me  a  look  of  interrogation,  and  I  returned  the  thanks 
positive.  He  soon  after  asked  me  to  drink  a  glass  of  wine 
with  him.  This  was  readily  accorded  to,  and,  what  was  re 
markable,  I  did  not  observe  him  drink  with  any  other  person 
during  dinner ;  but  I  think  this  must  have  been  owing  to  my 
inattention. 

Giles,  the  new  member  from  Virginia,  sat  next  to  me  but 
one.  I  saw  a  speech  of  his  in  the  papers,  which  read  very 
well,  and  they  say  he  delivers  himself  handsomely.  I  was, 
therefore,  very  attentive  to  him.  But  the  frothy  manners  of 
Virginia  were  ever  uppermost.  Canvas-back  ducks,  ham  and 
chickens,  old  Madeira,  the  glories  of  the  Ancient  Dominion, 
all  fine,  were  his  constant  themes.  Boasted  of  personal  prow 
ess  ;  more  manual  exercise  than  any  man  in  New  England  / 
fast  but  fine  living  in  his  country,  wine  or  cherry  bounce 
from  twelve  o'clock  to  night  every  day.  He  seemed  to  prac 
tice  on  this  principle,  too,  as  often  as  the  bottle  passed  him. 
Declared  for  the  assumption  and  excise,  etc.  He  is  but  a 
young  man,  and  seems  as  if  he  always  would  be  so. 

But  after  this  digression  let  me  turn  to  the  unexpected  in- 


JAN.  21]  THE   PRESIDENT  REVIEWED.  375 

cident  of  dining  with  the  President  and  his  marked  attention 
to  me.  He  knows  the  weight  of  political  odium  under  which 
I  lahor.  He  knows  that  my  uniform  opposition  to  funding  sys 
tems  (at  least  to  ours),  assumptions,  high  compensation,  and  ex 
pensive  arrangements  have  drawn  on  me  the  resentment  of  all 
speculators,  public  creditors,  expectants  of  office,  and  courtiers 
in  the  State.  There  is  another  point  which,  I  presume,  he 
does  not  know,  viz.,  that  I  will  receive  no  support  from  the 
Republican  or  opposition  party,  for  there  is  not  a  man  of  them 
who  is  not  aiming  at  a  six-dollar  *  prize,  and  my  place  is  the 
best  chance  in  the  wheel.  But  he  knows  enough  to  satisfy 
him  that  I  will  be  no  Senator  after  the  3d  of  March,  and  to 
the  score  of  his  good  nature  must  I  place  these  attentions.  Be 
it  so.  It  is,  at  least,  one  amiable  trait  in  his  character. 

I  have  now,  however,  seen  him  for  the  last  time,  perhaps. 
Let  me  take  a  review  of  him  as  he  really  is.  In  stature  about 
six  feet,  with  an  unexceptionable  make,  but  lax  appearance. 
His  frame  would  seem  to  want  filling  up.  His  motions  rather 
slow  than  lively,  though  he  showed  no  signs  of  having  suffered 
by  gout  or  rheumatism.  His  complexion  pale,  nay,  almost 
cadaverous.  His  voice  hollow  and  indistinct,  owing,  as  I  be 
lieve,  to  artificial  teeth  before  his  upper  jaw,  which  occasioned 
a  flatness  of— 

[The  following  leaf,  on  which  the  rest  of  this  description  was  written 
has  been  torn  out  and  is  lost.] 

January  2 1st,  Friday. — This  was  a  day  of  no  great  busi 
ness  in  the  Senate.  Colonel  Gunn,  of  Georgia,  wanted  copies 
of  the  secret  journal.  Much  talk  passed  about  his  application. 
He  was,  however,  gratified.  In  fact,  we  have  never  kept  our 
journal  agreeable  to  the  Constitution.  All  the  executive  part 
has  been  kept  secret  without  any  vote  for  it.  A  committee  is, 
however,  appointed,  and  the  matter  will  hereafter  be  under 
regulation. 

"We  received  some  lengthy  communications  from  Captain 
O'Brien  and  the  prisoners  at  Algiers.  A  committee  of  the 
Senate  some  time  ago  recommended  a  war  with  them.  War 
is  often  entered  into  to  answer  domestic,  not  foreign  purposes. 

*  The  Senator's  pay  being  six  dollars  per  day. 


376  THE  INDEPENDENT   YEOMANRY.  [1791 

I  fear  such  was  the  design  of  the  present  report.  It  was  even 
talked  how  many  ships  should  be  fitted  out  and  of  what  force. 
But  O'Brien  seems  to  show  plainly  that  a  peace  may  be  ob 
tained  on  easy  terms  by  furnishing  them  naval  stores.  We 
have  it  plainly  also  from  his  letters  that  the  French,  Danes, 
and,  above  all,  the  British,  have  done  us  all  the  injury  in  their 
power  with  the  Algerines.  In  fact,  all  who  are  at  peace  with 
them  are  decidedly  against  us,  and  have  done  us  all  the  dis 
service  they  could.  The  former  report  was  committed  and 
these  referred  to  them. 

Mr.  Morris  came  late  and  left  us  soon.  We  adjourned  at 
about  half  after  two  o'clock.  George  Remsen,  one  of  the 
clerks  of  the  Treasury,  returned  from  ]STew  York,  where  he 
had  been  sent  by  the  Secretary  [Hamilton].  Among  his  let 
ters  he  pointed  to  a  packet  and  said  it  contained  ninety  thou 
sand  dollars.  How  can  I  help  believing  that  speculation  was 
the  object  of  his  journey  ? 

January  22d,  Saturday. — The  Speaker  of  the  House  of 
Representatives  called  on  me  yesterday ;  asked  me  to  go  and 
visit  with  him  this  day.  I  agreed,  and  called  at  his  house 
about  ten.  He  was,  however,  gone.  His  House  sat  this  day, 
and  this  will  be  his  excuse.  I  went  to  the  Chamber  of  the 
State  Representatives.  The  resolutions  against  the  excise  were 
the  order  of  the  day,  and  were  passed  by  a  great  majority. 
The  arguments  were  not  important  nor  striking.  Some  ill- 
nature  was  expressed  by  Mr.  Findley  against  a  Mr.  Evans. 

I  feel  a  sincere  pleasure  that  so  much  independence  has 
been  manifested  by  the  yeomanry  of  Pennsylvania.  Indeed, 
I  am  fully  satisfied  that,  if  a  spirit  of  this  kind  was  not  mani 
fested  from  some  quarter  or  another,  our  liberties  would  soon 
be  swallowed  up. 

I  trifled  away  the  rest  of  the  day.  Much  as  was  said  in 
the  Chamber  of  Representatives,  they  seemed  totally  ignorant 
of  the  principle  that  seems  to  actuate  the  adherents  of  Ham 
ilton.  Taxes  originally  flowed  from  necessity.  Ways  and 
means  follow  contracted  or  unavoidable  expense.  Here  the 
system  seems  reversed.  The  ways  and  means  are  obvious  to 
every  reader  of  a  registry  of  European  taxes.  We  have  heads, 
we  have  slaves  and  cattle,  and  every  article  of  European  or 


JAN.  23]  DINNER  WITH   ROBERT  MORRIS.  377 

Asiatic  convenience  or  luxury  is  used  among  us.  The  diffi 
culty  is  to  rind  plausible  pretext  for  extending  the  arm  of 
taxation  and  ways  and  means  to  consume  the  collected  treas 
ures,  and  the  reigning  party  seem  to  consider  themselves  as 
wanting  in  duty  if  the  fiscal  rent-roll  should  fall  short  of  the 
royal  revenues  of  England. 

January  23d,  Sunday. — I  had  fairly  devoted  this  day  to  my 
family  in  the  way  of  writing  letters,  but,  just  as  I  had  adopted 
the  resolution,  a  message  was  brought  me  from  Governor 
Langdon  to  go  with  him  to  meeting.  This  I  could  not  refuse. 
Before  I  was  half  dressed  I  received  a  polite  note  from  Mr. 
Morris  to  be  one  of  his  friends  at  a  family  dinner,  and  this  I 
could  not  refuse ;  and,  before  I  had  quite  dressed,  Langdon 
called  on  me.  We  attended  at  Arch  Street  meeting. 

Dined  with  Mr.  Morris.  The  company :  Judge  Wilson, 
Governor  St.  Clair,  General  Butler.  General  Irwin  was  ex 
pected,  but  did  not  come.  We  were  sociable,  and  I  sat  later 
than  I  usually  do. 

Mr.  Wallis  came  into  town  this  evening,  but  brought  no 
letters,  and  now  I  hear  that  Charles  Smith  set  off  this  day  for 
Sunbury  without  giving  me  an  opportunity  of  writing,  or  at 
least  without  my  knowing  of  his  departure.  It  is  not  hand 
somely  done  of  either  of  them.  But  somebody  else  will  do 
them  a  dirty  trick  ;  God  forbid  it  should  be  my  luck  to  do  it ! 

I  had  told  the  Treasurer  [Hamilton]  some  time  ago  that  I 
wanted  to  sell  him  some  stock.  "When  I  came  home  from 
meeting  I  found  a  note  from  him  importing  that  he  would  buy 
to-morrow.  This,  in  a  great  measure,  confirms  my  former 
suspicions  with  respect  to  the  Treasury. 


378  THE  TEN  MILES  SQUARE.  [1791 


CHAPTER   XIV. 

RELATIONS    WITH    FRANCE    AND    THE    EXCISE. 

January  24t7i,  Monday. — This  day  voluminous  commu 
nications  were  introduced  by  Secretary  Lear.  A  volume  of  a 
letter  from  a  Dr.  (T  Fallen  to  the  President,  avowing  the  rais- 

O 

ing  of  a  vast  body  of  men  in  the  Kentucky  country  to  force  a 
settlement  with  the  Yazoo  country  ;  the  state  of  Indian  affairs 
both  in  the  southern  and  government  northwest  of  the  Ohio ; 
the  translation  of  all  which  was  a  want  of  more  troops. 

But  the  most  singular  of  all  was  a  proclamation  for  run 
ning  lines  of  experiment  for  the  ten-mile  square.  The  message 
accompanying  the  proclamation  calls  for  an  amendatory  law, 
permitting  the  President  to  locate  lower  down  and  to  lay  half 
of  the  square  in  Virginia.  This  seems  like  unsettling  the 
whole  affair.  I  really  am  surprised  at  the  conduct  of  the 
President.  To  bring  it  back  at  any  rate  before  Congress  is 
certainly  the  most  imprudent  of  all  acts.  To  take  on  him  to 
fix  the  spot  by  his  own  authority,  when  he  might  have  placed 
the  three  commissioners  in  the  post  of  responsibility,  was  a 
thoughtless  act.  I  really  think  it  not  improbable  that  Oppo 
sition  may  find  a  nest  to  lay  her  eggs  in  from  the  unexpected 
manner  of  treating  this  subject.  The  general  sense  of  Con 
gress  certainly  was  that  the  commissioners  should  fix  on  the 
spot,  and  it  may  be  a  query  whether  the  words  of  the  law  will 
warrant  a  different  construction.  The  commissioners  are  nowr 
only  agents  of  demarkation,  mere  surveyors  to  run  four  lines 
of  fixed  courses  and  distances. 

Sold  my  stock,  six-per-cents  at  seventeen  shillings  four- 
pence,  deferred,  and  three-per-cents  at  nine. 

January  25th,  Tuesday. — Had  this  day  another  hearing 


JAN.  26]  POLITICS  AND  OYSTER  SUPPERS.  3Y9 

at  the  Board  of  Property.  I  really  have  suffered  persecution 
on  this  affair.  Howie,  my  adversary,  did  not  appear,  and 
Daniel  Hees  called  about  dinner-time  to  tell  me  that  Robert 
Yaux  Coots  had  been  told  of  my  cheating  a  man  out  of  a  tract 
of  land  after  it  had  been  surveyed  to  him.  I  really  have  had 
my  share  of  trouble  with  this  business  of  Senator,  and  it  would 
be  well  for  me  if  I  were  fairly  and  honorably  out  of  it. 

Mr.  Brown,  of  Northampton,  called  on  me  and  told  me 
that  Muhlenberg  was  very  busy  in  giving  oyster-suppers,  etc., 
and  seemed  to  think  that  I  should  go  more  among  the  mem 
bers,  etc.  I  find  I  will  offend  him  and  some  others  if  I  do 
not.  But  it  is  a  vile  commerce,  and  I  detest  this  beast-wor 
shiping.  How  melancholy  a  thing  it  is  that  the  liberties  of 
men  should  be  in  the  hands  of  such  creatures !  I  can  not  call 
them  men.  But  Brown  seemed  to  think  that  Muhlenberg  had 
made  an  impression  on  the  Governor,  or  some  of  them.  Be  it 
so.  Such  arts  have  prevailed  and  will  prevail,  but  the  day  of 
my  deliverance  draweth  nigh.  The  4th  of  March  is  not  dis 
tant  from  the  different  schemes  and  parties  that  are  formed 
and  the  want  of  any  fixed  form  or  mode  of  election.  I  can 
not  think  the  choice  will  be  made  before  that  time ;  and  let 
them  affront  me  if  they  find  me  here  afterward. 

January  £6tk,  Wednesday. — I  never  in  my  life  had  more 
distressing  dreams  than  last  night.  But  I  received  imaginary 
relief  from  my  visionary  perplexities,  and  the  emotion  was  so 
great  as  to  awaken  me.  The  agitation  I  underwent  was  so  ex 
treme  that  my  head  ached  for  some  time  after  I  awoke.  This 
I  may  charge  to  the  vexation  of  yesterday. 

I  went  and  called  on  a  number  of  the  members  of  the  As 
sembly  and  [State]  Senators.  All  seemed  fair  and  smooth. 
Some  of  them,  indeed,  expressly  said  that  they  would  support 
me  at  the  coming  election,  believing  that  to  be  the  object  of 
my  visit,  as  in  some  measure  it  was.  Sed  nulla  fides  fronti 
may  be  applied  to  many  of  them. 

The  bill  for  regulating  consuls  and  vice-consuls  had  the 
second  reading  this  day.  A  letter  from  the  National  Assem 
bly  of  France,  on  the  death  of  Dr.  Franklin,  was  commu 
nicated  from  them  and  received  with  coldness  that  was  truly 
amazing.  I  can  not  help  painting  to  myself  the  disappoint- 


380  PLEAS  FOR  A  STANDING  ARMY.  [1791 

merit  that  awaits  the  French  patriots,  while  their  warm  fancies 
are  figuring  the  raptures  that  we  will  be  thrown  into  on  the 
receipt  of  their  letter,  and  the  information  of  the  honors 
which  they  have  bestowed  on  our  countrymen,  and  anticipat 
ing  the  complimentary  echoes  of  our  answers,  when  we,  cold 
as  clay,  care  not  a  fig  for  them,  Franklin,  or  freedom.  "Well 
we  deserve — what  do  we  deserve  ?  To  be  d d  ! 

CUKES    FOE    JRHEUMATISM. 

1.  A  teaspoonful  of  the  flour  of  brimstone  taken  every 
morning  before  breakfast.     General  St.  Clair  and  Mr.  Milli- 
gan  both  relieved  by  it.     NOTE. — They  are  both  Scotchmen. 

2.  Asafoetida  laid  on  burning  coals  and  held  to  the  nose. 
Mr.  Todd  greatly  relieved  by  this. 

3.  Cider  in  which  a  hot  iron  has  been  quenched.     This  has 
relieved  many,  though  cider  is  to  many  people  very  hurtful  in 
that  disorder. 

January  £7tk. — This  day  communications  were  received 
from  the  President  of  the  United  States  relating  to  the  Indian 
depredations.  A  post  on  the  Muskingum  cut  off.  The  wishes 
of  many  people  are  gratified  to  involve  us  in  war.  To  involve 
us  in  expense,  at  any  rate,  seems  to  be  the  great  object  of  their 
design.  It,  perhaps,  would  be  unjust — perhaps  cruel,  too — to 
suppose  it.  But  had  a  system  been  needed  to  involve  us  in 
the  depth  of  difficulty  with  the  Indians,  none  better  could 
have  been  devised. 

Last  year,  at  ~New  York,  much  altercation  happened, 
whether  a  discrimination  in  the  duties  of  tonnage  should  not 
be  made  in  favor  of  foreign  nations  in  treaty  with  us.  This 
measure  was  lost,  although,  in  my  opinion,  a  just  one.  The 
court  of  France  remonstrates  against  the  duties,  expecting 
favors  as  a  nation  in  treaty.  Some  gentlemen,  on  receiving 
the  communications,  affected  recantation  publicly,  and  by 
these  very  means  obtained  themselves  to  be  put  on  the  com 
mittee.  This  day  they  reported  against  the  claims  of  France. 

I  have  hitherto  attended  only  to  the  part  acted  by  some 
persons  whose  conduct,  from  appearance,  is  not  very  consist 
ent.  I  called  on  Otis  for  the  papers.  He  said  Butler  got 
them  and  had  given  them  to  one  of  the  Representatives.  A 


JAN.  29]  THE  EXCISE   BILL.  381 

minute  after  I  saw  them  in  the  hands  of  Mr.  Dalton.  But 
Otis  is  really  so  stupid  that  I  know  not  whether  he  lied  or 
blundered.  i 

When  the  matter  of  no  discrimination  was  carried  in  Con 
gress,  in  our  first  session,  I  could  hardly  suppress  a  thought, 
which  I  felt  ready  to  spring  up  in  my  mind,  that  some  person 
wished  to  destroy  the  confidence  between  us  and  France,  and 
bring  us  back  to  the  fish-pots  of  British  dependence.  This  I 
charge  to  the  influence  of  the  city  of  Kew  York,  but  Phila 
delphia  lias  not  altered  the  tenor  of  their  political  conduct. 

Elsworth  could  not  rest  a  moment  all  this  day.  He  was 
out  and  in,  in  and  out,  all  on  the  fidgets.  Twice  or  thrice  was 
an  adjournment  hinted  at,  and  as  often  did  he  request  that  it 
might  be  withdrawn,  expecting  the  Excise  bill  to  be  taken  out. 
But  he  had  to  bear  his  impatience.  Three  o'clock  came  before 
the  bill.  I  can  see  that  he  will  stand  foremost  in  the  gladia 
torial  list. 

January  28th,  Friday. — Much  crowded  this  morning  with 
people  with  whom  I  had  not  much  to  do.  Had  to  call  at  the 
Board  of  Property.  'Twas  the  usual  time  before  I  went  to 
the  Hall.  The  Excise  bill  came  up  ;  but  oh,  what  a  mistake  ! 
It  is  only  a  bill  for  discontinuing  certain  duties  and  laying 
others  in  their  stead.  The  odious  name  is  omitted,  but  the 
thing  is  the  same.  It  was  read  and  ordered  to  the  press. 

I  went  to  the  Senate  of  the  State  to  hear  the  debates  on 
the  resolutions.  But  they  were  postponed.  Returned  to  our 
Chamber,  and  the  report  of  the  committee  on  the  difference 
with  the  court  of  France  was  taken  up.  Almost  everybody 
gave  it  against  the  French  demands.  I  differed  from  them  on 
some  points,  but,  as  I  could  not  obtain  a  sight  of  the  papers,  I 
joined  in  the  motion  for  a  postponement,  which  was  carried. 

January  29th,  Saturday. — Called  twice  this  day  at  the 
office  of  our  Secretary  to  get  the  French  papers.  Otis  says 
Carrol  took  them  away,  but  there  is  no  believing  a  word  he 
says.  "Went  to  hear  the  debates  in  the  State  Senate.  The 
resolutions  for  instructing  the  Senators  had  been  postponed 
yesterday  expressly  for  the  purpose  of  obtaining  a  sight  of  the 
bill,  which  is  in  its  passage  through  Congress.  But  the  same 
men  pushed  for  a  decision  this  day.  The  State  has  now  an 


382  FUNERAL   OF  JUDGE  BRYAN.  [1791 

opportunity  of  seeing  the  benefit  of  two  Houses.  The  divis 
ion  was  nine  to  eight.  The  yeas  and  nays  were  called.  Graff, 
of  Lancaster,  was  going  home.  This  wTas  the  reason  for  push 
ing  the  vote  this  day.  Assemblymen  and  Senators  may  be 
equally  considered  as  representatives  of  the  people.  From  the 
division  of  the  two  Houses  the  voice  of  the  people  appears  to 
be  unequivocally  against  an  excise. 

January  30th,  Sunday.  —  Xot  very  well  this  day,  and 
stayed  at  home  most  of  the  day.  Went  in  the  evening  to  the 
funeral  of  Judge  Bryan.  This  man  rests  from  his  labors,  but 
the  tongue  of  malevolence  resteth  not,  so  inhumane  are  many 
of  the  citizens  of  this  place  as  to  speak  of  his  decease  with  joy. 
But  the  anodyne  of  death  hath  spread  her  mantle  over  him. 
He  was  said  to  be  spiteful  and  revengeful ;  his  enemies  were 
not  less  so,  and  he  had  the  qualities  of  industry  and  love  of 
freedom.  He  was  the  father  of  the  Abolition  laws. 

January  31st,  Monday. — The  Excise  bill  read  a  second 
time  ;  but,  the  bill  not  being  in  our  hands,  it  was  made  the  order 
of  the  day  for  Wednesday. 

The  affair  of  the  French  discontents  taken  up.  God  for 
give  me  if  I  wrong  some  people,  but  there  certainly  have  been 
more  censorious  conclusions  than  to  charge  some  people  with 
a  design  of  breaking  our  connection  writh  France  ! 

I  called  on  Friday  ;  I  called  twice  on  Saturday.  Otis  lied 
basely  about  the  papers,  and  I  have  never  got  my  eyes  on 
them. 

When  or  how  will  all  these  mad  measures  lead  us  ?  We 
have  it  ever  in  our  ears  that  the  present  General  Government 
(with  respect  to  the  persons  who  compose  it)  contains  the  col 
lected  wisdom  and  learning  of  the  United  States.  It  must  be 
admitted  that  they  have  generally  been  selected  on  account  of 
their  reputation  for  knowledge,  either  legal,  political,  mercan 
tile,  historical,  etc.  Newspapers  are  printed  in  every  corner. 
In  every  corner  ambitious  men  abound,  for  ignorance  or  want 
of  qualifications  is  no  bar  to  this  view.  Thus,  then,  the  Tylers 
and  Jackstraws  may  come  in  play,  and  talents,  experience, 
and  learning  be  considered  as  disqualifications  for  office ;  and 
thus  the  Government  be  bandied  about  from  one  set  01  pro 
jectors  to  another,  till  some  one  man  more  artful  than  the  rest, 


FEB.  3]  FOR  AN  ARMY  AND  NAVY.  383 

to  perpetuate  their  power,  slip  the  noose  of  despotism  about 
our  necks.  'Tis  easy  to  say  this  never  can  happen  among  a 
virtuous  people ;  ay,  but  we  are  not  more  virtuous  than  the 
nations  that  have  gone  before  us. 

February  1st,  Tuesday.  —  This  day  I  had  much  to  say 
against  the  report  of  a  committee  which  went  to  declare  war 
against  the  Algerines.  It  is  not  suspicion  that  the  designs  of 
the  court  are  to  have  a  fleet  and  army.  The  Indian  war  is 
forced  forward  to  justify  our  having  a  standing  army,  and 
eleven  unfortunate  men,  now  in  slavery  in  Algiers,  is  the  pre 
text  for  fitting  out  a  fleet  to  go  to  war  with  them.  While 
fourteen  of  these  captives  were  alive,  the  barbarians  asked 
about  thirty-five  thousand  dollars  for  them  ;  but  it  is  urged 
that  we  should  expend  half  a  million  dollars  rather  than  redeem 
these  unhappy  men.  I  vociferated  against  the  measure,  and,  I 
suppose,  offended  my  colleague.  This  thing  of  a  fleet  has  been 
working  among  our  members  all  the  session.  I  have  heard  it 
break  out  often. 

February  2d,  Wednesday. — The  Excise  bill  read  over  and 
remarked  on  and  committed  to  five  members.  I  gave  notice 
that  I  would  endeavor  to  show  that  a  much  lower  duty  would 
answer  the  demand  of  the  Secretary.  I  spoke  to  sundry  of  the 
members  to  second  a  general  postponement  for  the  session,  but 
not  a  man  approved  of  any  such  thing. 

Dined  this  day  with  Mr.  Burd.  Lewis  was  there ;  Rowle 
was  there  ;  old  Shippen  was  there.  I  endeavored  to  be  easy, 
but  could  not  be  sprightly.  From  the  circle  of  the  universe 
could  not  be  collected  a  group  who  have  manifested  equal 
malignity  to  me  personally  as  I  have  received  from  the  above 
characters.  May  they  never  have  it  in  their  power  to  do  unto 
others  as  they  have  done  unto  me  ! 

February  3d,  Thursday. — This  was  an  unimportant  day 
in  the  Senate ;  no  debate  of  consequence  took  place.  I  was 
called  off  the  street  to  dine  with  a  Quaker  at  about  two  o'clock. 
As  he  seemed  very  friendly,  I  went  and  ate  heartily  of  a  good 
dinner,  and  was  perfectly  easy ;  much  more  than  I  could  say 
of  the  great  dinners  where  the  candles  are  ready  to  be  brought 
in  with  the  going  out  of  the  last  dishes.  This  high  life  is  really 
very  distant  from  nature.  All  is  artificial. 


384  THE  NEW  ENGLAND  FISHERIES.  [1791 

I  neglected  sundry  small  matters  and  went  in  the  evening 
to  the  meeting  of  a  society  formed  lately  for  promoting  the 
improvement  of  roads  and  inland  communications.  Dr.  Smith 
is  at  the  bottom  of  this  business.  His  object  is  to  consolidate 
the  report  of  the  commissioners  who  have  lately  reviewed  the 
communications  on  the  Susquehanna,  Juniata,  etc.,  at  least  so 
far  as  to  bring  forward  the  Juniata  only.  In  this  business 
Findley  is  joined  with  him,  and  a  dirty  pair  they  are.  I  at 
tacked  the  proceedings  of  the  committee  who  drew  up  the 
memorial  with  perhaps  more  eagerness  than  prudence.  I  had, 
however,  some  success.  My  old  friend  showed  some  malig 
nity.  From  the  drift  of  chaff  and  feathers  you  know  how  the 
winds  blow,  says  the  proverb ;  much  more  so  if  you  see  ships 
sail  or  trees  come  down  with  the  blast.  Yesterday  Ryerson, 
the  devoted  creature  of  Mr.  Morris,  put  up  a  nomination  of 
William  Findley  for  Senator  in  my  room.  They  will  be  easy 
when  they  get  my  place,  and  I  trust  I  will  be  easier  without  it 
than  with  it. 

What  is  the  reason  that  I  do  not  hear  a  single  word  from 
Harrisburg,  not  a  wrord  from  Davy,  not  a  word  from  Bob,  not 
a  word  from  the  old  man  ?  I  will  give  myself  no  trouble  about 
them,  or  as  little  as  I  can  help. 

February  l^th,  Friday. — This  day  we  had  a  large  report 
from  the  Secretary  of  State  transmitted  to  us  from  the  House 
of  Representatives  respecting  the  fisheries  of  Kew  England. 
The  great  object  seems  to  be  the  making  them  a  nursery  for 
seamen,  that  we,  like  all  the  nations  of  the  earth,  may  have  a 
navy.  We  hear  every  day  distant  hints  of  such  things  as 
these ;  in  fact,  it  seems  we  must  soon  forego  our  republican 
innocence,  and,  like  all  other  nations,  set  apart  a  portion  of 
our  citizens  for  the  purpose  of  inflicting  misery  on  our  fellow- 
mortals.  This  practice  is  felony  to  posterity.  The  men  so 
devoted  are  not  only  cut  off,  but  a  proportionate  share  of 
women  remain  unmatched.  Had  the  sums  expended  in  war 
been  laid  out  in  meliorating  the  kingdom  of  England,  or  any 
other  modern  Government,  what  delightful  abodes  might  they 
have  been  made  ;  whereas  war  only  leaves  traces  of  desolation  ! 

Dined  this  day  with  Charles  Biddle.  He  has  some  point 
to  carry  with  the  State  government,  as  I  believe,  and  the  din- 


FEB.  6]  WORK  ON  THE  EXCISE  BILL.  335 

ner  may  be  on  account  of  mj  brother.     The  company  were 
mostly  members  of  the  Legislature. 

I  must  here  note  of  our  Yice-President  that  he  this  day 
hurried  the  adjournment  for  to-morrow  at  eleven  o'clock.  All 
this  is  plain.  He  is  deep  in  the  cabals  of  the  Secretary  [Ham 
ilton].  The  Secretary  sat  close  with  the  committee  on  the 
Excise  bill.  Every  moment  it  was  expected  they  would  re 
port,  but  so  anxious  are  the  Secretary's  party  to  have  it  passed 
that  even  John  Adams,  who  used  to  show  as  much  joy  on  an 
adjournment  from  Friday  to  Monday  as  ever  a  school-boy  did 
at  the  sweet  sound  of  play-time,  fixed  the  House  to  meet  to 
morrow. 

February  5th,  Saturday. — The  Senate  met.  I  found  Ham 
ilton  with  the  committee  who  had  the  Excise  bill  in  their  hands. 
AVe  sat  and  sat  and  sat,  but  no  report,  I  had  busied  myself 
in  getting  a  return  of  the  number  of  stills  from  the  different 
members  of  the  Assembly.  I  went  to  the  door  of  the  com 
mittee-room  to  use  it  in  argument  with  them,  but,  findin^ 
Hamilton  still  with  them,  I  returned.  Mr.  Morris  took  the 
paper  and  went  in,  and  I  suppose  no  further  use  was  made  of 
it.  He,  however,  restored  it  again.  The  report  on  the  fish 
eries  by  Jefferson  was  directed  to  be  printed. 

]N"o  report  from  the  committee.  It  was  agreed  to,  that 
powers  of  the  inspectors  should  extend  only  to  the  importa 
tions  and  distillations,  but  I  find  Hamilton  will  have  even  to 
modify  this  to  his  mind.  Nothing  is  done  without  him.  I 
have  been  troublesome  in  my  speeches  against  the  excise. 
Upon  general  principles  it  is  equally  exceptionable  as  a  poll-tax. 
Wealth  is  not  its  only  object.  The  mouth  of  one  individual 
may  be  supposed  to  consume  as  much  liquor  as  another ;  any 
difference  is  rather  in  favor  of  the  most  costly  imported 
liquors.  It  is  a  tax  oral,  and  has  only  this  advantage  over  the 
poll-tax,  that  you  may  refrain  from  using  your  mouth  in  drink 
ing  liquor.  With  some  people  this  is  as  impossible  as  to  do 
without  a  head. 

February  6th,  Sunday. — Attended  meeting  and  wrote  let 
ters  to  Harrisburg  and  home  to  my  family.     On  the  3d  of 
March  Congress  will  rise.     I  have  written  for  my  mare  to  be 
here  against  that  day,  and  from  deceit,  dissimulation,  and  am- 
25 


386  QUARRELING  WITH  FRANCE.  [1791 

bition ;  from  mere  artificial  life,  whence  hotli  truth  and  sin 
cerity  are  banished,  I  will  go  and  meet  nature,  love,  affection, 
and  sincerity,  in  the  embraces  of  my  wife  and  dear  children. 

February  7th. — Attended  at  the  Hall.  Mr.  King  made 
one  of  his  curious  stretches.  He  said  the  minutes  were  wrong 
and  he  wished  to  correct  them.  The  report,  which  was  or 
dered  to  be  printed  on  Saturday,  he  wished  to  be  postponed 
to  the  28th  of  December  next,  and  corrected  the  minutes 
of  Saturday  to  read  so.  This  same  King  is  a  singular  man. 
Under  the  idea  of  correcting  the  minutes  he  introduces  mat 
ter  totally  new.  It  is  not  correcting  matter  of  form,  but 
total  alteration  and  adjection  of  new  matter.  I  opposed  him, 
and  certainly  he  ought  to  be  ashamed  of  the  measure ;  and 
yet  it  was  carried,  but  amended  afterward  and  placed  nearer 
the  truth. 

There  certainly  is  a  design  of  quarreling  with  France,  and 
chat  Jefferson  should  seem  to  countenance  this !  What  can 
this  mean  ?  I  am  really  astonished  at  all  this.  I  think  I  must 
be  mistaken,  and  yet  to  think  so  is  to  disbelieve  my  senses. 
And  what  can  I  do  ?  I  have  attempted  everything  and  effect 
ed  nothing,  unless  it  be  to  render  myself  an  object  of  aversion. 
For  well  indeed  speaks  the  poet : 

Truths  would  you  teach,  or  save  a  sinking  land, 
All  fear,  none  aid  you,  and  few  understand. 

February  8th,  Tuesday. — The  Senate  met.  The  Appro 
priation  bill  had  the  last  reading.  There  was  a  pause  about 
taking  up  the  Excise  bill,  like  people  pausing  on  the  brink  of  a 
precipice,  afraid  to  take  the  dangerous  leap.  However,  it  was 
at  length  attempted,  and  we  blundered  to  the  fourth  section. 
Objections  had  been  made  to  this  section,  and  it  wras  expected 
the  committee  would  alter  it.  They  have  done  so  with  a  ven 
geance.  It  now  runs  that  there  shall  be  an  inspector-general 
over  a  district,  the  district  to  be  divided  into  surveys,  and  an 
inspector  to  be  set  over  each  survey,  who  shall  appoint  people 
under  him  to  do  the  business  ;  as  many  of  them  to  be  ap 
pointed  as  the  President  shall  think  proper,  and  he  shall  pay 
them,  too.  It  is  the  most  execrable  system  that  ever  was 
framed  against  the  liberty  of  a  people.  This  abominable 


FEB.  9]  IMITATING  THE  EUROPEAN  EXCISE.  387 

clause  was  postponed.  The  members  by  degrees  stole  away. 
The  men  who  did  it  showed  their  disapprobation  of  it  in  their 
looks.  It  is  in  vain.  Oirr  Government  can  not  stand.  All 
my  opposition  has  been  considered  as  vain  babbling.  But  to 
get  quit  of  it  in  some  degree  this  business  of  commitment  has 
taken  place,  and  now  the  majority  have  a  kind  of  scapegoat 
in  the  committee,  and  a  pretext  for  following  them  and  disre 
garding  opposition  under  the  idle  idea  of  their  knowing  best, 
having  consulted  Hamilton,  etc.,  etc. 

How  abandoned  is  the  conduct  of  these  men  !  Abuse,  rail 
at,  oilify,  and  traduce  the  European  systems  of  excise  as  much 
as  you  will ;  demonstrate  their  absurdity,  villainy,  and  deplor 
able  effect  on  society  as  much  as  you  please.  'Tis  all  right. 
They  echo  every  sentence.  "  Ours  "  is  no  such  thing  in  their 
language  ;  quite  innocent  and  harmless.  Yet  such  is  the  indo 
lence  of  Hamilton  and  his  adherents  that  they  will  not  even 
use  the  guise  of  different  terms  or  words  to  conduct  the  copy. 
Nor  will  they  stop  till,  perhaps,  as  in  Britain,  ten  men  may  be 
employed  to  guard  one  distillery. 

February  9th,  Wednesday. — Attended  at  the  Hall  this  day, 
and  was,  perhaps,  never  more  vexed.  Were  Eloquence  per 
sonified  and  reason  flowed  from  her  tongue,  her  talents  would 
be  in  vain  in  our  Assembly ;  or,  in  other  words,  when  all  the 
business  is  done  in  dark  cabals,  on  the  principle  of  interested 
management.  The  Excise  bill  is  passed,  and  a  pretty  business 
it  is.  The  ministry  foresee  opposition,  and  are  preparing  to 
resist  it  by  a  band,  nay,  a  host  of  revenue  officers.  It  is  put 
into  the  power  of  the  President  to  make  as  many  districts, 
appoint  as  many  general  surveyors  and  as  many  inspectors  of 
surveys  as  he  pleases,  and  thus  multiply  force  to  bear  down 
all  before  him.  War  and  bloodshed  are  the  most  likely  conse 
quence  of  all  this.  Congress  may  go  home.  Mr.  Hamilton  is 
all-powerful,  and  fails  in  nothing  he  attempts.  Little  avail  as 
I  wras  sure  it  would  be  of,  I  nevertheless  endeavored  not  to  be 
wanting  in  my  duty,  and  told  them  plainly  of  the  precipice 
which  I  considered  them  as  having  approached ;  that  the 
Legislature  of  Pennsylvania  had  been  obliged  to  wink  at  the 
violation  of  her  excise  laws  in  the  western  parts  of  the  State 
ever  since  the  Revolution ;  that,  in  my  opinion,  it  could  not 


388  DEBATE  ON  THE  EXCISE.  [1791 

be  enforced  by  collectors  or  civil  officers  of  any  kind,  be  they 
ever  so  numerous ;  and  that  nothing  short  of  a  permanent 
military  force  could  effect  it ;  that  this,  for  aught  I  knew, 
might  be  acceptable  to  some  characters.  I  could  only  answer 
for  myself  that  I  did  not  wish  it,  and  would  avoid  every 
measure  that  tended  to  make  it  necessary. 

February  10th,  Thursday. — I  returned  home  this  day 
from  the  Senate  chamber  more  fretted  and  really  more  off  the 
center  of  good  humor  than  ever  I  did  in  my  life.  I  really  was 
ready  to  pray,  "  Lord,  deliver  us  from  rascals ! "  I  can  not 
have  charity  enough  to  believe  that  the  prevailing  party  in 
our  Senate  are  honest  men.  Some  letters,  however,  have  come 
in  since  yesterday  from  New  England,  and  Strong  was  willing 
to  move  the  reductions  which  we  wanted.  After  the  bill  was 
read  over  and  ready  for  the  question,  Foster,  from  Rhode 
Island,  moved  a  reduction  of  three  cents  on  the  distillations 
from  molasses,  etc.  I  rose  and  seconded  him,  on  condition  of 
his  extending  the  motion  through  all  the  distillations  in  the 
United  States  and  a  reduction  to  forty  cents  on  the  contents 
of  stills. 

King  objected  to  the  lessening  of  the  ratio,  as  productive 
of  deficiencies  in  the  revenue  demanded.  I  showed,  in  an 
swer,  that  the  importation  into  the  port  of  Philadelphia,  and 
the  sums  expected  from  the  stills  in  this  State,  would  go  in  a 
great  way  toward  raising  one  half  of  the  eight  hundred  and 
twenty-six  thousand  dollars  demanded  by  the  Secretary. 

Elsworth  answered,  with  rudeness,  that  I  was  mistaken ; 
that  the  Secretary  demanded  a  million  and  a  half.  I  replied 
by  reading  part  of  the  Secretary's  report,  which  confirmed  the 
position  I  had  made,  and  repeated  my  other  arguments.  lie 
did  not  reply.  This  man  has  abilities,  but  abilities  without 
candor  and  integrity  are  characteristics  of  the  devil. 

At  half  after  three  the  question  was  ready  to  be  put. 
Henry,  of  Maryland,  told  me  he  had  a  bet  depending  with 
Butler  on  the  division  of  the  House,  and  desired  the  yeas  and 
nays.  I  needed  not  this  excuse,  and  called  sharply  for  the 
yeas  and  nays.  With  all  their  strength,  they  were  startled; 
and  up  got  King,  and  round  and  round  and  about  and  about ; 
one  while  commit ;  then  recommit ;  then  postpone.  Els- 


FEB.  11]  TO  BREAK   UP  STATE  BOUNDARIES.  339 

worth,  too,  had  the  world  and  all  to  say ;  and  now,  in  fact, 
they  are  afraid  of  the  figure  they  have  raised  ;  and  the  fourth 
section  was  recommitted.  This  whole  day  Mr.  Morris  was 
dead  against  me  in  the  voting  way ;  sat  quite  away  back  from 
me,  but  spoke  none,  either  way. 

February  llth. — I  find  this  day  that  the  reason  for  recom 
mitting  the  Excise  bill  yesterday  was  to  enable  Hamilton  to 
come  forward  with  some  new  schemes.  Three  new  clauses 
were  brought  forward,  and  all  from  the  Treasury.  The  ob 
noxious  one  (to  me  at  least)  was  the  putting  it  in  the  power  of 
the  President  to  form  districts  by  cutting  up  the  States  so  as 
to  pay  no  respect  to  their  boundaries.  This  was  curiously 
worded.  For  fear  of  the  little  States  taking  any  alarm,  it 
stood  by  adding  "  from  the  great  to  the  lesser  States."  This 
they  got  adopted.  And  having  been  successful  so  far,  King 
got  up  and  talked  about  it  and  about  it.  He  wanted  the 
United  States  divided  into  a  number  of  districts,  independent 
of  any  of  the  State  boundaries.  Like  an  Indian  at  the  war- 
post,  he  wrought  himself  into  a  passion ;  declared  that  we 
"  had  no  right  to  pay  any  more  attention  to  the  State  bound 
aries  than  to  the  boundaries  of  the  Cham  of  Tartary" 

"When  he  had  spent  his  froth  on  this  subject,  up  got  Els- 
worth  and  echoed  most  of  what  he  said,  but  said  he  wished 
only  three  great  districts,  and  the  President  might  subdivide 
each  into  six.  ^\rhen  he  had  done,  up  got  Mr.  Morris  and  de 
clared  himself  in  sentiment  with  King,  and  spoke  against  the 
convenience  of  the  State  boundaries. 

King  arose  again,  repeated  his  old  arguments,  and  wished 
for  an  opportunity  for  taking  a  question  on  the  principle  of 
dividing  the  United  States  without  any  regard  to  their  bound 
aries.  At  length,  pop  out  of  his  pocket  comes  a  resolution. 
It  imported  that  the  United  States  should  be  divided  into 
six  districts :  two  east  of  the  Hudson,  two  from  that  to  the 
Potomac,  and  two  from  that  southward,  or  words  to  that  im 
port  ;  and  that  the  President  should  subdivide  these  into  sur 
veys,  etc.  This  pretty  system  was,  after  all,  negatived. 

Annihilation  of  State  government  is  undoubtedly  the  ob 
ject  of  these  people.  The  late  conduct  of  our  State  Legisla 
ture  has  provoked  them  beyond  all  bounds.  They  have  ere- 


390  ANNIHILATION   OF  STATE  GOVERNMENTS.  [1791 

ated  an  Indian  war,  that  an  army  may  spring  out  of  it ;  arid  the 
trifling  affair  of  our  having  eleven  captives  at  Algiers  (who 
ought  long  ago  to  have  been  ransomed)  is  made  the  pretext 
for  going  to  war  with  them,  and  fitting  out  a  fleet.  "With 
these  two  engines,  and  the  collateral  aid  derived  from  a  host 
of  revenue  officers,  farewell  freedom  in  America.  Gently, 
indeed,  did  I  touch  it  in  argument ;  but  is  not  a  motion  for 
the  destruction  of  the  individuality  of  the  States,  treason 
against  the  duty  of  a  Senator,  who,  from  the  nature  of  his 
appointment,  ought  to  be  guardian  of  the  State  right?  The 
little  I  said,  however,  I  believe  raised  a  goblin  that  frightened 
them  from  the  project,  at  least  for  this  time. 

February  1.2th. — This  day  we  passed  the  excise  law  ;  a 
pretty  piece  of  business  it  is.  I  found  there  wras  an  unwilling 
ness  in  many  of  the  members  to  have  the  yeas  and  nays.  I, 
however,  called  them  sharply,  and  enough  rose,  and  I  had  the 
pleasure  of  giving  my  decided  negative  against  what  I  consid 
ered  the  box  of  Pandora  with  regard  to  the  happiness  of 
America. 

The  communications  came  in  this  morning  respecting  the 
Indian  affairs,  and  the  bill  as  ordered  to  be  printed.  As  we 
came  down-stairs,  Dr.  Johnson  spoke  with  great  joy.  "  Xo," 
said  he,  "  all  is  over,  and  the  business  is  complete.  We  have  a 
revenue  that  will  support  the  Government  and  every  necessary 
measure  of  Government  We  have  now  the  necessary  support 
for  national  measures,"  etc.  I  told  him  we  might  perhaps 
undo  all ;  that  the  high  demands  we  had  made  would  raise  op 
position,  and  that  opposition  might  endanger  the  Government. 
He  seemed  a  little  struck.  I  repeated  that  the  Government 
might,  and  perhaps  would,  fall  by  her  overexertion  to  obtain 
support. 

I.  called  this  evening  at  Boyd's.  I  found  Gallatin  and 
Beard  and  James  Finley.  I  told  them  I  wished  to  hear  them 
speak  freely  on  the  defense  of  the  frontiers.  Some  desultory 
discourse  passed.  I  sat  awhile,  and  Dr.  Hutchinson  came  in, 
greasy  as  a  skin  of  oil  and  puffing  like  a  porpoise.  This  must 
certainly  be  a  dirty  fellow  if  external  appearances  do  not  much 
belie  mental  management  and  internal  intention.  Fame  fixes 
them  on  the  same  footing,  and  I  fancy  for  once  she  has  not 


FEB.  13]  A   DOCTOR'S  DISCOURSE.  391 

sounded  a  false  alarm.  He  had  a  pretty  tale  to  tattle  over, 
quite  new,  quite  d  la  Doctor,  quite  medical.  Is  the  town 
sickly.  Doctor  ?  lS"o,  no  ;  yes,  yes,  for  the  season.  Accident, 
accident ;  half  a  family  struck  down  yesterday.  They  had  fed 
on  pheasant.  All  who  had  eaten  affected  ;  all  the  doctors 
called  ;  discharged  the  offensive  food  ;  recovered :  the  craws 
of  the  pheasants  examined  ;  laurel-leaves  found  in  them.  The 
death  of  Judge  Bryan  explained ;  he  and  his  wife  ate  pheas 
ant  ;  both  felt  torpid ;  she  evacuated,  he  died.  And  thus  we 
were  entertained  with  the  belchings  of  this  bag  of  blubber  for 
half  an  hour.  I  took  my  hat  and  left  them. 

I  had  come  but  a  few  steps  when  I  met  Mr.  W.  Finley ; 
told  him  I  had  called  to  talk  on  the  subject  of  the  Western 
war  with  the  Indians ;  that,  although  the  management  would 
be  in  different  hands,  yet,  as  the  means  must  be  furnished  by 
us,  it  was  in  some  measure  necessary  to  contemplate  the  mode. 
He  immediately  quit  the  subject  and  got  at  the  excise.  It 
must  be  submitted  to  ;  great  credit  due  to  the  General  Govern 
ment  ;  very  honorable  management  to  raise  the  debts  to  their 
full  value,  etc.  In  short,  I  believe  he  forgot  himself  or  the 
company  he  was  in.  I  begged  pardon  for  stopping  him  in  the 
street  and  left  him.  He  chose  to  let  me  know  of  his  commu 
nications  with  General  Knox  and  other  ffreat  men,  etc. 

O 

February  13th,  Sunday. — I  went  to  a  meeting  at  Market 
Street.  Came  home.  The  day  rather  disagreeable  in  the 
afternoon,  and  I  stayed  at  home  the  residue  of  the  day.  I  had 
made  a  remark  here  which  I  think  it  best  to  erase.  Spent  the 
day  mostly  in  reading.  Went,  however,  down-stairs;  found 
a  large  company ;  the  subject  was  religion,  and  most  unmer 
cifully  was  it  handled.  The  point  which  was  attempted  to  be 
established  was  that  the  whole  was  craft  and  imposition ;  that 
all  our  objects  were  before  us — believe  what  you  see ;  observe 
the  fraud  and  endless  mischiefs  of  ecclesiastics  in  every  age, 
etc.  Few  of  the  historic  facts  which  they  adduced  could  be 
refuted,  but  by  way  of  opposition  Luther's  Reformation 
was  mentioned.  It  was  easily  answered  that,  had  there  been 
no  abuse,  they  needed  no  reformation.  But  a  further  remark 
was  suggested — that  Luther  was  a  mere  political  machine  in 
the  hands  of  those  German  princes  who  could  no  longer  bear 


392  ON   LUTHER'S  REFORMATION.  [1791 

to  see  their  subjects  pillaged  by  Roman  rapacity.  The  doc 
trine  was,  pay  for  indulgences  and  purchase  salvation  with 
good  works,  alias  money.  The  new  doctrine  was,  faith  is 
better  than  cash  ;  only  believe,  and  save  your  money.  It  need 
riot  be  doubted  but  the  new  doctrine  was  on  this  account  more 
acceptable  to  both  prince  and  people.  Luther,  however,  had 
the  Scripture  with  him. 

Another  position  I  thought  still  less  tenable  ;  that  man 
was  but  the  first  animal  in  nature,  that  he  became  so  by  the 
feelings  of  his  fingers  and  hence  all  his  faculties.  Give,  said 
they,  only  a  hand  to  a  horse,  he  would  rival  all  the  human 
powers.  This  I  know  to  be  groundless.  The  'possum,  from 
its  feeble,  harmless,  and  helpless  faculties,  is  almost  extinct 
in  Pennsylvania,  and  yet  one  that  I  killed  on  the  island  at 
Juniata  had  as  complete  a  hand,  with  four  fingers  and  a 
thumb,  as  one  of  the  human  species. 

February  IJ+ili. — Tis  done.  I  doubt  no  longer.  This  day 
came  in  a  bulky  communication  from  the  President.  The 
amount  was  the  result  of  a  negotiation  carried  on  by  his  or 
der  with  the  court  of  Great  Britain  through  the  agency  of 
Gouverneur  Morris.  From  the  letters  from  the  President 
it  appears  that  the  vote  against  discrimination  which  had  in 
volved  us  in  difficulties  with  France  was  the  work  of  the 
President,  avowedly  procured  by  his  influence ;  and  that  he 
did  it  to  facilitate  a  connection  with  Great  Britain,  thus  offer 
ing  direct  offense  to  France  and  incurring  the  contempt  of 
Britain,  for  she  has  spurned  every  overture  made  to  her.  And 
now  the  result  is,  I  suppose,  a  war  with  Great  Britain;  at 
least  these  troops  are,  as  I  suppose,  meant  to  wrest  the  posts 
from  her.  She  will  resist.  Reprisals  at  sea  will  take  place, 
and  all  the  calamities  of  war  ensue. 

It  is  with  difficulty  that  I  refrain  from  giving  the  most 
severe  language  to  some  of  our  Senators.  King  vapored  this 
day  at  a  most  unaccountable  rate.  The  opponents  to  the  Con 
stitution,  said  he,  were  blind ;  they  did  not  see  the  ground  to 
attack  it  on.  I  could  have  shown  them  how  to  defend  it. 
The  most  popular  ground  against  it  never  was  touched.  The 
business  was  now  complete.  We  need  not  care  for  opposition. 
Henry,  of  Maryland,  joined  with  him  ;  said  the  Constitution 


FEB.  14]  ON  STATE  SOVEREIGNTY,  393 

of  the  United  States  implied  everything ;  it  was  a  most  ad 
mirable  system.  Thus  did  these  heroes  vapor  and  boast  of 
their  address  in  having  cheated  the  people  and  establishing  a 
form  of  government  over  them  which  none  of  them  expected. 

I  will  here  leave  a  blank  to  copy  General  Washington's 
letters  in.  Perhaps  this  is  wrong,  for  I  never  can  contemplate 
the  insult  offered  to  France,  to  procure  more  agreeable  ar 
rangements,  without  feeling  resentment. 

The  system  laid  down  by  these  gentlemen  was  avowedly  as 
follows,  or,  rather,  the  development  of  the  designs  of  a  certain 
party : 

The  general  power  to  carry  the  Constitution  into  effect  by 
a  constructive  interpretation  would  extend  to  every  case  that 
Congress  may  deem  necessary  or  expedient.  Should  the  very 
worst  thing  supposable  happen,  viz.,  the  claim  of  any  of  the 
States  to  any  of  the  powers  exercised  by  the  General  Govern 
ment,  such  claim  will  be  treated  with  contempt.  The  laws  of 
the  United  States  will  be  held  paramount  to  all  their  laws, 
claims,  and  even  Constitutions.  The  supreme  power  is  with 
the  General  Government  to  decide  in  this,  as  in  everything 
else,  for  the  States  have  neglected  to  secure  any  umpire  or 
mode  of  decision  in  case  of  the  differences  between  them.  Nor 
is  there  any  point  in  the  Constitution  for  them  to  rally  under. 
They  may  give  an  opinion,  but  the  opinion  of  the  General 
Government  must  prevail,  etc.  This  open  point,  this  un 
guarded  pass,  has  rendered  the  General  Government  com 
pletely  uncontrollable.  With  a  fleet  and  army,  which  the  first 
war  must  give  us,  all  the  future  will  be  chimerical. 

I  ventured  to  dissent  from  these  political  heroes  by  declar 
ing  that  the  people  themselves  would  guard  this  pass ;  that  the 
right  of  judging  with  respect  to  encroachments  still  remained 
with  the  people ;  it  was  originally  with  them,  and  they  never 
had  divested  themselves  of  it. 

With  all  their  art,  however,  since  they  now  confess  their 
views,  I  think  they  have  made  but  a  bungling  hand  of  it.  The 
old  Congress  had  no  power  over  individuals,  and,  of  course,  no 
system  of  consolidation  could  take  place.  Their  legislative 
or  recommendatory  powers  were  over  States  only.  The  new 
Constitution,  by  the  instrumentality  of  the  judiciary,  etc.,  aims 


394  THE  COMPLICATIONS  WITH  FRANCE.  [1791 

at  the  government  of  individuals,  and  the  States,  unless  as  to 
the  conceded  points,  and  with  regard  to  their  individual  sover 
eignty  and  independence,  are  left  upon  stronger  ground  than 
formerly,  and  it  can  only  be  by  implication  or  inference  that 
the  General  Government  can  exercise  control  over  them  as 
States.  Any  direct  and  open  attack  would  be  termed  usurpa 
tion.  But  whether  the  gradual  influence  and  encroachments 
of  the  General  Government  may  not  gradually  swallow  up  the 
State  governments  is  another  matter. 

Febmiary  15th. — This  day  was  rather  unimportant  in  the 
Senate.  General  Dickenson  and  I  had  a  long  discourse  in 
the  committee-room.  The  subject  was  the  speculation  of  the 
Treasury,  or,  I  should  rather  say,  of  Hamilton.  Nobody  can 
prove  these  things,  but  everybody  knows  them.  Mr.  Morris 
labored,  in  private,  with  me  this  day  to  get  me  to  join  in  post 
poning  the  complaints  of  the  French  court.  The  President, 
although  it  is  undeniable  that  it  was  through  his  instrumentality 
that  the  offense  was  given  to  France,  yet  now  wishes  all  this 
done  away ;  the  breach  made  up  with  France,  and  the  resent 
ment  shown  to  England.  The  measure  is  right,  but  his  mo 
tives  wrong.  Never  should  the  paths  of  rectitude  be  forsaken. 
Had  the  President  left  Congress  to  themselves  the  discrimina 
tion  would  have  obtained,  and  as  the  discrimination  had  here 
tofore  obtained  by  the  State  laws,  England  would  have  taken 
no  umbrage,  and  we  should  have  experienced  no  interruption 
of  harmony  with  France.  The  crooked  policy  of  the  President 
has  involved  us  in  difficulty.  Unless  we  repeal  the  law,  we 
lose  forever  the  friendship  of  France.  And  even  after  repeal 
ing  it  the  confidence  of  France  in  us  will  be  impaired,  as  she 
may  attribute  our  first  motives  to  ingratitude  and  our  last  to 
fear.  Continuing  the  law  wTill  have  no  effect  on  Britain,  as 
she  has  already  treated  General  "Washington's  application  with 
contempt,  but  a  repeal  of  it  will  be  followed  with  a  burst  of 
resentment.  This  we  will  have  to  submit  to  and  ought  not  to 
regard. 

King  delivered  an  opinion  that  Executive  papers  should 
be  delivered  to  the  President's  private  secretary.  It  was  evi 
dent  he  alluded  to  the  communications  of  yesterday  and  to  the 
strictures  passed  on  them.  No  vote  was  taken  on  the  subject, 


FEB.  16J  ON   THE   PERMANENT   RESIDENCE.  395 

but  I  have  hitherto  been  unsuccessful  in  endeavoring  to  lay 
my  hands  on  them. 

February  16th. — Engaged  this  morning  in  unimportant 
matters  about  the  land-office  and  other  places. 

After  the  Senate  met,  Mr.  Carrol  moved  for  leave  to  bring 
in  a  bill  supplementary  to  the  Residence  bill.  The  matter,  I 
believe,  stands  thus,  in  fact :  Virginia  is  not  fully  satisfied  with 
out  having  half  of  the  ten  miles  square.  She  gives  the  one 
hundred  and  twenty  thousand  dollars,  perhaps,  on  this  very 
principle  of  having  Alexandria  included.  This  can  not  be 
done  without  the  supplementary  law,  which  is  now  applied 
for.  I  spoke  to  Mr.  Morris  and  gave  him  my  thoughts  on  the 
matter.  He  made  a  just  observation :  "  There  will  be  people 
enough  to  manage  this  affair  without  our  taking  a  part  in  it." 
The  rule  demands  one  day's  notice  to  be  given  for  bringing  in 
a  bill.  Carrol  withdrew  his  motion  on  being  told  of  this,  but 
afterward  hoped  that  the  Senate  would  indulge  him  by  com 
mon  consent.  Elsworth,  however,  said  it  had  better  lie  over 
one  day. 

My  friend,  on  the  subject  of  resolution,  told  me  that  he 
had  some  conversation  on  that  subject  with  the  Speaker  of  the 
State  Senate.  The  result  was,  that  they  would  soon  elect  a 
new  Senator ;  said  he  found  him  wavering,  but  on  the  whole 
considered  him  as  friendly.  I  had  business  out,  and  called  on 
Mr.  Montgomery ;  told  him  that  the  agricultural  interest  of 
Pennsylvania  ought  to  unite  ;  that  it  was  the  policy  of  the  city 
to  disunite  Finley  and  myself  and  run  in  Bingham ;  at  least, 
this  was  the  game  he  was  playing.  He  agreed  with  me.  Mr. 
Smilie  soon  after  called  on  me.  He  spoke  more  harshly  of 
Finley,  particularly  of  his  insufferable  vanity,  than  ever  I 
heard  any  one  do  before.  He  promised  he  would  call  on  me. 

I  returned  to  the  Senate.  Found  the  drafts  of  General 
Banner's  expedition  before  the  committee.  They  look  finely 
on  paper,  but,  were  we  to  view  the  green  bones  and  scattered 
fragments  of  our  defeat  on  the  actual  field,  it  would  leave  very 
different  ideas  on  our  minds.  This  is  a  vile  business,  and  must 
be  much  viler.  I  believe  I  ought  not  to  vote  for  any  of  the 
new  bill. 

February  17th. — This  day  Mr.   Carrol's   motion   for  the 


396  THE  MILITARY  BILL.  [1791 

amendatory  act  respecting  the  Potomac  was  to  be  taken  up. 
Mr.  Morris  was  very  late  in  coming.  It  is  remarkably  singu 
lar  that  I  never  knew  him  otherwise  when  a  debate  was  ex 
pected.  I,  however,  wish  he  had  stayed  away,  for  he  voted 
for  leave  to  bring  in  the  bill.  I  confess,  to  my  astonishment, 
I  saw  him  considerably  embarrassed.  How  noble  it  is  to  be 
independent ! 

Leave  was  obtained,  and  the  bill  read.  The  Military  bill 
was  reported,  with  amendments  much  longer  than  itself.  They 
were  ordered  to  be  printed.  I  shall  most  undoubtedly  vote 
against  the  augmentation  of  the  troops.  The  war  is  under 
taken  without  the  shadow  of  authority  from  Congress,  and 
this  war  is  the  pretext  for  raising  an  army  meant  to  awe  our 
citizens  into  submission.  Fitzsimoris  has  been  heard  declaring 
that  one  thousand  men  would  avenge  the  insults  offered  to 
Congress.  Where  are  these  things  to  end  ?  By  the  "  insult 
offered  to  Congress  "  is  meant  the  State  deliberations,  etc.,  re 
specting  the  excise.  But  I  can  already  plainly  see  that  all  this 
matter  will  vanish  in  air.  Finley,  Gallatin,  Smilie,  Montgom 
ery,  in  fact  all  the  conductors  of  the  business,  having  nothing 
further  in  view  than  the  securing  themselves  niches  in  the  six- 
dollar  temple  of  Congress,*  and  then  popular  measures  are 
only  meant  as  the  step-ladder  to  facilitate  their  ascent.  I  con 
fess  I  have  more  than  once  been  taken  in  with  the  sunshine  of 
some  of  their  speeches  in  my  favor,  but  actions  are  louder  than 
words.  I  have  differed  beyond  the  power  of  reconciliation 
with  the  citizens  and  high-flying  Federalists,  and  genuine  re 
publicanism  has  been  my  motive.  If  the  old  constitutional 
party  were  really  patriots,  they  would  glory  in  taking  me  up. 
This,  however,  is  not  the  case ;  and  I  am  greatly  mistaken  if 
they  do  not  lord  it  with  as  high  a  hand  over  the  people,  should 
they  get  into  Congress,  as  the  present  majority,  and  perhaps 
even  there  we  may  not  hear  a  word  against  the  excise. 

February  18th. — A  number  of  communications  were  handed 
in  respecting  the  appointment  of  David  Humphreys,  resident 
at  the  court  of  Portugal.  The  President  sends  first,  and  asks 
our  advice  and  consent  afterward. 

*  The  pay  of  Senators  and  Representatives  being  six  dollars  per  day. 


FEB.  23]  THE  PEOPLE  DISAPPOINTED.  397 


Carrol's  amendatory  bill  was  called  up.  It  was  de 
bated  with  temper,  but  a  good  deal  of  trilling  discourse  was 
had  upon  it.  I  had  determined  to  say  nothing  upon  the  sub 
ject.  I,  however,  changed  my  mind,  and  made  the  following 
remarks  : 

So  far  as  I  had  an  opportunity  of  knowing  the  public 
mind,  the  expectations  of  the  people  had  been  disappointed. 
A  belief  had  obtained  that  the  President  would  appoint  three 
commissioners,  who  under  his  direction  would  lay  out  the  ten 
miles  square.  I  did  not  arraign  his  authority,  and  did  not 
call  it  in  question,  but  he  had  done  himself  what  should  have 
been  done  by  others  under  his  direction.  I  would  neither 
pull  down  nor  build  up.  Let  the  measure  rest  on  the  law. 
If  all  was  right,  it  would  support  itself  ;  if  wrong,  our  mend 
ing  it  was  improper,  etc. 

Mr.  Morris  followed  me.  I  could  not  well  collect  his 
drift  ;  but  he  said,  with  pretty  strong  emphasis,  that  if  any 
one  would  move  a  postponement,  he  would  be  for  it.  This 
hint  was  laid  hold  on  by  Langdun  and  Schuyler,  and  a  post 
ponement  moved,  which  was  carried.  Mr.  Morris  sustained  a 
small  attack  from  Gunn  for  this  as  an  indirect  way  of  getting 
rid  of  the  measure.  Twice,  however,  did  Mr.  Morris  declare 
he  would  vote  for  the  bill  if  the  question  was  taken  on  it.  I 
think  this  kind  of  conduct  ill  judged,  for  the  court  will  think 
as  ill  of  him  as  they  do  of  me,  who  voted  dead  against  the 
measure  from  the  beginning. 

Oh,  I  should  note  that  Mr.  Jefferson  with  more  than 
Parisian  politeness,  waited  on  me  at  my  chamber  this  morn 
ing.  lie  talked  politics,  mostly  the  French  difference  and  the 
whale-fishery  ;  but  he  touched  the  Potomac,  too,  as  much  as 
to  say,  "  There,  oh,  there." 

Wednesday,  23d.  —  I  have  in  general  been  so  closely  en 
gaged  that  I  have  not  had  time  to  minute  the  daily  transac 
tions.  and,  indeed,  unless  I  wish  gratification  to  myself,  there 
is  no  use  in  it,  for  no  man  has  called  on  me  for  any  informa 
tion.  On  Friday  the  amendatory  act  was  taken  up  and  read, 
and  postponed  for  a  week.  Mr.  Morris,  Langdon,  and  Schuyler 
voted  for  the  postponement.  They  might  as  well  have  voted 
against  the  bill,  for  the  postponement  is  equally  ungrateful  at 


398  SPECULATION  IN  PUBLIC  CERTIFICATES.  [1791 

court.  Saturday  we  had  communications  from  the  Presi 
dent,  etc. 

A  most  villainous  bill  (in  my  opinion)  was  committed  to 
General  Dickenson,  Wingate,  and  myself.  It  was  for  paying 
off  at  par  one  hundred  and  eighty-six  thousand  dollars  due  to 
foreign  officers.  This  was  a  domestic  debt  beyond  a  doubt. 
The  bill  went  to  pay  it  out  of  the  funds  appropriated  to  foreign 
debt.  Strip  it,  however,  of  all  coloring,  it  is  to  sanctify  the 
most  abandoned  speculation.  Some  say  the  whole  of  it  has 
already  been  bought  up.  I  set  myself  to  defeat  it,  and  happily 
succeeded.  The  consequence  is,  that  I  have  all  the  Secretary's 
[Hamilton's]  gladiators  upon  me.  I  have  already  offended 
Knox  and  all  his  military  arrangements ;  I  have  drowned 
Jefferson's  regards  in  the  Potomac.  Hamilton  with  his 
host  of  speculators  is  upon  me,  and  they  are  not  idle ;  the 
city  hates  me,  and  I  have  offended  Morris,  and  my  place 
must  go.  My  peace  of  mind,  however,  shall  not  go,  and  like 
a  dying  man  I  will  endeavor  that  my  last  moments  be  well 
spent. 

Tuesday  my  report  was  read,  and  Wednesday  it  was  agreed 
to,  or  at  least  the  resolution  subjoined  was  adopted,  that  the 
bill  should  not  pass  to  a  third  reading.  Business  crowded 
much,  and  I  have  almost  determined  to  pass  all.  The  differ 
ence,  however,  on  the  new  impost  law  between  the  two  Houses 
explains  so  fully  the  trim  of  the  Senate  that  I  must  have  a 
word  or  two  on  the  subject. 

The  bill  commonly  called  the  excise  law,  though  the  term 
is  carefully  avoided  in  the  law,  puts  it  in  the  power  of  the 
President  to  appoint  as  many  inspectors  as  he  chooses,  and  to 
pay  them  what  he  pleases,  so  that  he  does  not  exceed  live  per 
cent  on  the  whole  sum  collected.  This  check  is  mere  nullity, 
and  depends  on  a  point  arising  posterior  to  the  appointments. 
The  reason  given  for  vesting  the  power  in  the  President  is 
the  want  of  knowledge  of  the  subject ;  how  many,  what  duties, 
etc.,  they  will  have  to  discharge.  The  House  of  Representa 
tives  seem  to  say  that  experience  will  dispel  this  ignorance  in 
two  years,  and  therefore  they  amend,  limiting  this  power  of 
paying,  etc.,  to  two  years.  No,  say  our  Senate,  we  will  not 
trust  the  new  Congress,  etc.  In  fact,  the  object  is  to  throw 


FEB.  24]  THE   PRESIDENT  AS  A  SCAPEGOAT.  399 

all  possible  power  into  the  hands  of  the  President,  even  to  the 
stripping  of  the  Senate.  A  conference  appointed. 

It  is  believed  that  any  measure  that  can  be  fairly  fixed  on 
the  President  will  be  submitted  to  by  the  people,  thus  making 
him  the  scapegoat  of  unconstitutional  measures  and  leading 
them,  by  their  affection  to  him,  into  an  acquiescence  in  these 
measures  that  flow  from  him.  To  break  down  the  boundaries 
of  the  States  has  been  a  desideratum.  This  was  attempted  at 
the  time  of  the  impost.  The  geographical  situation  of  Mary 
land,  with  respect  to  Chesapeake  Bay,  afforded  a  pretext  to  do 
something  of  this  kind  under  plea  of  convenience,  by  adding 
the  Eastern  Shore  to  the  State  of  Delaware  and  indemnifying 
Maryland  out  of  Virginia.  Clouds  of  letters  reprobated  the 
measure.  It  would  not  do.  The  President  is  now  put  upon 
something  of  this  kind — to  alter  the  lines  of  the  States,  by 
taking  from  the  larger  and  adding  to  the  smaller — in  his  ar 
rangement  for  collecting  the  excise.  Will  he  really  become 
the  tool  of  his  own  Administration  ? 

February  Btyli,  Thursday. — This  day  nothing  of  moment 
engaged  the  Senate  in  the  way  of  debate  until  the  Virginia 
Senators  moved  a  resolution  that  the  doors  of  the  Senate 
chamber  should  be  opened  on  the  first  day  of  the  next  session, 
etc.  They  mentioned  their  instructions.  This  brought  the 
subject  of  instructions  from  the  different  Legislatures  into 
view. 

Elsworth  said  they  amounted  to  no  more  than  a  wish,  and 
ought  to  be  no  further  regarded.  Izard  said  no  Legislature 
had  any  right  to  instruct  at  all,  any  more  than  the  electors  had 
a  right  to  instruct  the  President  of  the  United  States.  Mr. 
Morris  followed ;  stiid  Senators  owed  their  existence  to  the 
Constitution ;  the  Legislatures  were  only  the  machines  to 
choose  them ;  and  was  more  violently  opposed  to  instruction 
than  any  of  them.  We  were  Senators  of  the  United  States, 
and  had  nothing  to  do  with  one  State  more  than  another.  Mr. 
Morris  spoke  with  more  violence  than  usual. 

Perhaps  I  may  be  considered  as  imprudent,  but  I  thought 
I  would  be  wanting  in  the  duty  I  owed  the  public  if  I  sat 
silent  and  heard  such  doctrines  without  bearing  my  testimony 
against  them.  I  declared  I  knew  but  two  lines  of  conduct  for 


400  SHALL  SENATORS  REGARD   INSTRUCTIONS?         [1791 

legislators  to  move  in — the  one  absolute  volition,  tlie  other 
responsibility.  The  first  was  tyranny,  the  other  inseparable 
from  the  idea  of  representation.  Were  we  chosen  with  dicta 
torial  powers,  or  were  we  sent  forward  as  servants  of  the  pub 
lic,  to  do  their  business?  The  latter,  clearly,  in  my  opinion. 
The  first  question,  then,  which  presented  itself  was,  were  my 
constituents  here,  what  would  they  do  ?  The  answer,  if  known, 
was  the  rule  of  the  Representative.  Our  governments  were 
avowedly  republican.  The  question  now  before  us  had  no 
respect  to  what  was  the  best  kind  of  government ;  but  this  I 
considered  as  genuine  republicanism.  As  to  the  late  conduct 
of  the  Legislature  of  Pennsylvania,  I  spoke  with  but  few  of 
them.  I  had  no  instruction  from  them,  and,  all  things  consid 
ered,  I  was  happy  that  I  had  given  my  voice  on  a  former  occa 
sion  for  it.  The  reasons  which  I  gave  then  operated  still,  in 
full  force  on  my  mind. 

The  first  was,  that  I  knew  of  no  reason  for  keeping  the 
door  of  any  legislative  assembly  open  that  did  riot  apply  with 
equal  force  to  us.  The  second  was,  that  I  thought  it  a  compli 
ment  due  to  the  smallest  State  in  the  Union  to  indulge  them 
in  such  request. 

The  objections  against  it,  viz.,  that  the  members  would 
make  speeches  for  the  gallery  and  for  the  public  papers,  would 
be  the  fault  of  the  members.  If  they  waged  war  in  words  and 
oral  combats ;  if  they  pitted  themselves  like  cocks,  or  played 
the  gladiator,  for  the  amusement  of  the  idle  and  curious,  the 
fault  was  theirs  ;  that,  let  who  would  fill  the  chairs  of  the 
Senate,  I  hoped  discretion  would  mark  their  deportment ;  that 
they  would  rise  to  impart  knowledge,  and.  listen  to  obtain  in 
formation  ;  that,  while  this  line  of  conduct  marked  their  de 
bates,  it  was  totally  immaterial  whether  thousands  attended,  or 
there  was  not  a  single  spectator. 

This  day  Butler  handed  forward  a  resolution  for  augment 
ing  the  salaries  of  all  Federal  officers  of  the  different  depart 
ments  one  fourth.  It  is  a  great  object  to  increase  the  Federal 
offices  and  salaries  as  much  as  possible,  to  make  them  marks 
for  the  ambitious  to  aim  at.  This  single  stratagem  has  carried 
the  new  Government  on  so  far  with  increased  rapidity. 

February  2oth,  Friday. — This  was  a  busy  day  in  the  Sen- 


FEB.  26]  BUYING   UP  THE  SENATE.  401 

ate.  We  had  a  long  communication  from  the  President  re 
specting  the  loan  of  three  million  florins,  which,  it  seemo,  came 
at  five  and  a  fourth  per  cent,  the  expenses  of  the  negotiation 
being  between  four  and  five  per  cent  up.  Now  was  taken  a 
bill  for  altering  the  time  of  the  meeting  of  Congress.  The 
title  was  the  same  with  that  of  a  bill  rejected  the  other  day. 
But  the  former  had  the  first  Monday  in  November ;  this  had 
the  fourth  Monday  in  October.  The  President  declared  that, 
as  the  day  was  different,  the  bill  was  a  different  bill.  There 
might  be  as  many  different  bills  as  days  in  the  year.  It  passed, 
but  I  confess  I  thought  him  wrong.  Mr.  Morris'  vote  carried 
the  bill.  I  spoke  against  it,  but  without  effect. 

Now  we  had  the  resolution  for  opening  the  doors.  Nine 
votes  were  given  for  it,  and  it  was  lost. 

And  now  came  the  Potomac  amendatory  act.  A  postpone 
ment  was  moved,  but  Langdon,  Schuyler,  Elmer,  Morris,  and 
Read  voted  against  the  postponement  and  finally  for  the  bill. 
This  is  astonishing,  indeed.  It  is  plain  the  President  has  taught 
them.  I  know  not  their  price,  but  that  is  immaterial.  I  had 
a  good  opinion  of  Elmer  once ;  it  is  with  pain  I  retract  it.  I 
think  the  city  [Philadelphia]  must  see  Morris  in  a  new  point  of 
view.  Were  I  to  give  such  a  vote,  I  certainly  dared  not  walk 
the  streets.  Mr.  Morris  wishes  his  namesake,  Gouverneur  (now 
in  Europe  selling  lands  for  him)  placed  in  some  conspicuous 
station  abroad.  He  has  acted  in  a  strange  kind  of  capacity, 
half  pimp,  half  envoy,  or  perhaps  more  properly  a  kind  of 
political  eavesdropper  about  the  British  court,  for  some  time 
past.  Mark  the  end  of  it.  As  to  Langdon  I  am  at  no  loss ; 
the  appointment  of  his  brother  Woodbury  is  sufficient  expla 
nation.  Schuyler  is  the  supple-jack  of  his  son-in-law  Hamil 
ton.  Of  Elmer  I  know  not  what  to  say.  I  once  thought  him 
honest.  As  to  Read  I  have  heretofore  known  him  to  have 
been  shaken  by  something  else  besides  the  wind. 

February  %6th,  Saturday. — The  third  reading  was  given 
this  day  to  the  detestable  bill  of  yesterday,  and  the  last  hand 
was  put  to  the  more  detested  excise  law.  All  of  these,  how 
ever,  were  condemned  as  trifles  in  political  iniquity. 

For  weeks  has  the  report  of  the  committee  on  the  French 
complaints  lain  dormant.  Shame !  I  believe  some  hand  is 
26 


402  JEFFERSON'S  ALTERNATIVES.  [1791 

keeping  them  back.  But  now  a  steady  phalanx  appeared  to 
support  the  report.  I  opposed  it  what  I  could,  and  contended 
against  the  alternatives  in  the  report  of  the  Secretary  of  State 
as  exceptional,  and  opposed  the  whole.  But  all  in  vain.  The 
report,  with  some  variation,  was  adopted.  I  was  the  only  one 
who  voted  boldly  and  decidedly  against  it.  I  have  annexed 
the  alternatives  proposed  by  Jefferson  and  the  resolutions  of 
the  committee,  and  some  of  my  observations  in  opposition  to 
Elsworth.  They  may  afford  me  some  amusement  at  a  future 
day.  I  will,  however,  call  on  Otis  for  a  certificate  of  my  hav 
ing  voted  against  the  resolutions. 

Resolved,  as  the  opinion  of  the  Senate,  that  the  eighth  article  of  the  treaty 
of  amity  and  commerce  between  the  United  States  and  his  Most  Christian 
Majesty  is  merely  an  illustration  of  the  third  and  fourth  articles  of  the  same 
treaty  by  an  application  of  the  principles  comprised  in  the  last-mentioned 
articles  to  the  case  stated  in  the  former. 

Resolved,  That  the  Senate  do  advise  an  answer  to  be  given  to  the  court 
of  France  defending  this  construction  in  opposition  to  that  urged  by  the 
said  court,  and  at  the  same  time  explaining  in  the  most  friendly  terms  the 
difficulties  opposed  to  the  exemptions  they  claim. 

Second.  If  it  be  the  opinion  that  it  is  advantageous  for  us  to  close  with 
France  in  her  interpretation  of  a  reciprocal  and  perpetual  exemption  from 
tonnage,  a  repeal  of  so  much  of  the  tonnage  law  will  be  the  answer. 

That  there  has  been  a  design  to  sacrifice  French  interest 
as  a  peace-offering  to  the  British  court  I  can  not  doubt ;  but 
that  this  should  be  persisted  in  after  the  disappointment  at 
tending  Gouverneur  Morris'  management  is  strange  indeed. 
They,  however,  hope,  or  affect  to  hope,  to  carry  their  point. 
Mr.  Morris,  a  few  days  ago,  asserted  that  wre  would,  early  this 
spring,  have  a  minister  from  Great  Britain,  and  the  papers 
have  many  lying  accounts  to  the  same  purpose. 

There  is  a  system  pursuing,  the  depths  of  which  I  can  not 
well  fathom,  but  I  clearly  see  that  the  poor  goddess  of  liberty 
is  likely  to  be  hunted  out  of  this  quarter  as  well  as  the  other 
quarters  of  the  globe. 

I  deliberated  much  whether  I  should  minute  in  any  degree 
of  accuracy  the  proceedings  of  this  day.  Hitherto  delicacy 
has  prevented  me  from  keeping  any  memoranda  of  the  execu 
tive  or  secret  journal,  but  if  I  am  ever  to  give  any  account  of 
my  conduct  to  the  State  government,  there  is  perhaps  no  part 


FEB.  26]     DEBATE  ON  JEFFERSON'S  ALTERNATIVES.  4Q3 

to  which  they  will  turn  their  eyes  with  more  attention.  I  have 
another  reason  for  secrecy  on  this  subject,  for  I  certainly 
never  behaved  so  badly  in  my  life. 

Elsworth  opened  :  hoped  this  business  would  meet  no  fur 
ther  delay,  as  it  had  been  long  on  the  table,  and  hoped  that 
the  resolution  would  be  adopted  ;  that  the  members  had  full 
time  to  make  up  their  minds,  etc.  I  declared  that  opportu 
nity  as  well  as  time  was  lacking,  although  the  time  had  been 
long  ;  some  members  had  not  had  the  opportunity  ;  that  I  had 
called  often  for  a  sight  of  the  papers,  but  always  experienced 
disappointment ;  that  I  had  indeed  seen  the  alternatives  offered 
by  the  Secretary  of  State,  and  no  more ;  that  eminent  as  the 
Secretary  was  for  abilities,  I  could  not  truly  approve  of  any  of 
his  alternatives  (here  I  received  a  loud  —  — ),  and,  of  course, 
must  be  opposed  to  the  resolution  which  was  ingrafted  on  the 
first.  To  suppose  that,  after  having  passed  the  third  and  fourth 
articles,  they  were  so  obscure  as  to  require  a  fifth  by  way  of 
illustration,  is  an  absurdity  that  can  not  obtain  belief.  The 
framers  must  have  had  a  separate  object  in  view  consistent 
with  their  reputation  as  men  of  understanding,  and  so  it  clearly 
appeared  to  me. 

To  justify  the  construction  I  will  read  the  articles ;  here  I 
read  them  the  third  :  "  Grants  certain  rights,  etc.,"  in  trade, 
etc.,  to  the  subjects  of  the  Christian  king  in  the  American 
ports  with  respect  to  duties  and  imposts.  The  fourth  recipro 
cated  these  rights,  etc.,  to  the  people  of  the  United  States  in 
the  French  ports.  Here  I  took  the  words  "  duties  "  and  "  im 
posts  "  in  the  strict  and  limited  sense  as  applying  to  the  im 
positions  charged  on  the  cargo,  and  to  no  other.  The  fifth 
article  has  an  imposition  of  another  kind  for  its  object,  which 
evidently  was  not  considered  as  falling  within  the  province  of 
the  third  or  fourth  article,  viz.,  tonnage,  a  port  charge  which 
is  laid  on  in  proportion  to  her  burden,  independent  of  cargo, 
and  is  charged  whether  she  comes  loaded  or  in  ballast. 

It  is,  in  fact,  the  machine  by  which  commercial  nations 
encourage  or  discourage  the  shipping  of  their  neighbors.  I 
am  ready  to  admit  that  the  poverty  or  rather  the  want  of  pre- 
ciseness  in  commercial  terms  often  confuses  and  confounds 
them  together,  but  with  these  ideas  and  with  this  view  of  the 


404:  DEBATE  ON  JEFFERSON'S  ALTERNATIVES.  [1791 

subject,  which  I  am  satisfied  are  correct,  let  us  examine  the 
fifth  article.  And  the  first  feature  that  presents  itself  is  a  re 
ciprocal  design  of  augmenting  and  favoring  the  shipping  of 
the  contracting  parties.  Duties  and  imposts  laid  upon  goods 
are  taxes  paid  by  the  consumers.  Tonnage  is  a  tax  on  the 
ship.  To  lessen  the  tax  on  the  shipping,  or  rather  to  do  it 
away  altogether,  is  in  favor  of  naval  property,  and  in  this 
spirit  ran  the  stipulation  of  the  fifth  article. 

But  if  gentlemen  will  view  them  conjointly,  what  will  be 
the  effect  ?  Exemptions  are  generally  stipulated  between  the 
contracting  parties  in  the  third  and  fourth  articles.  What 
says  the  fifth  ?  In  the  above  exemption  is  particularly  com 
prised  the  imposition  of  one  hundred  sols  per  ton,  etc.,  with 
the  exception  of  the  coasting  trade  to  French  vessels  between 
their  own  ports,  which  the  Americans  are  allowed  to  balance 
with  a  similar  tonnage  on  French  vessels  coasting  in  the 
American  ports.  And  even  this  coasting-trade  tonnage  is  not 
to  continue  longer  than  the  most  favored  nations  pay  it.  Will 
any  man  undertake  to  say,  on  seeing  this  article,  that  the 
French  can  legally  charge  the  tonnage  of  one  hundred  sols  or 
any  greater  or  less  tonnage  on  American  vessels  in  their  ports 
(unless  they  become  coasters)  consistent  with  treaty  ?  I  think 
not.  If  the  French,  then,  can  not  on  the  principles  of  reci 
procity,  we  can  not. 

What,  then,  is  to  be  done  ?  Repeal  the  law,  but  upon  a 
different  principle  from  that  held  out  by  the  Secretary  either 
in  his  second  or  third  alternative.  The  second  is  sordid,  as 
having  advantage  for  its  basis ;  the  third  carries  something 
like  an  airy  insult,  as  much  as  to  say :  We  are  right,  you  are 
wrong,  but  take  it ;  our  good  nature  shall  yield  to  your  pee 
vishness.  Second  idea  of  compensation  for  favors  is  worse 
infinitely.  This  is  a  subject  on  which  the  American  nation 
is  and  will  be  bankrupt,  to  compensate  the  political  salvation 
of  America.  France  ought  to  be  placed  in  the  deplorable  po 
sition  which  afflicted  America  [was  in]  wrhen  rescued  by  her 
helping  hand,  and  ought  to  be  returned  in  turn.  Statements 
that  seem  beyond  human  events.  Where  wrould  have  been 
our  Washington  and  patriots  of  every  grade  had  it  not  been 
for  French  interference  ?  When  the  meekest  and  most  gentle- 


FEB.  26]  THE   FRENCH   ABUSED. 

manly  of  all  the  British  commanders  would  not  associate  them 
with  any  other  idea  than  that  of  a  lord.  Not  the  virtues  of  a 
Padilla  would  have  saved  one  of  them.  Ko,  let  us  do  homage 
to  the  spirit  and  letter  of  [the]  treaty,  own  our  mistake,  and 
repeal  the  law.  I  have  ever  thought  that  a  liberal  and  manly 
policy,  more  conformable  to  the  genius  of  the  people,  was  the 
surest  method  of  engaging  and  preserving  the  esteem  of  that 
magnanimous  nation.  And  the  alternative  might  be  war  and 
confusion. 

A  burst  of  abuse  now  flowed  forth  against  the  French  by 
Elsworth  in  the  most  vituperative  language  that  fancy  could 
invent.  Selfishness,  interested  views,  their  motive.  To  dis 
member  the  English  empire ;  "  Divide  et  im-peria  "  their  motto. 
Nay,  slay  the  British  subjects  with  the  sword  of  their  fellows. 
No  gratitude  in  nations,  no  honor  in  politics.  None  bufc  a  fool 
would  expect  it.  Serve  yourself  the  first  article  is  the  creed 
of  politics.  No  return  due  to  them.  Ridicule,  not  thanks, 
would  attend  acknowledgments.  He  [Elsworth]  seemed  to 
have  mistaken  the  genius  of  the  people,  and  said  some  sarcastic 
things  about  America  which  I  could  not  very  well  compre 
hend.  The  term  monkey  was  used ;  it  was  meant  in  ridicule 
of  what  I  said.  He  fell  on  me  with  the  most  sarcastic  se 
verity.  ~No  confusion  anywhere  but  in  the  speaker's  head. 
Alas !  how  shall  I  write  it  ?  I  almost  lost  my  temper,  and, 
finding  no  protection  from  the  Chair,  left  the  room. 

A  moment's  reflection  restored  me.  I  recollected  that  I 
had  the  volume  of  Congress  of  1783,  which  I  had  looked  up 
for  this  occasion,  before  my  seat,  where  the  greatest  encomi 
ums  were  bestowed  on  the  French.  I  returned.  King  was 
up,  and,  although  he  was  in  the  same  sentiment  as  Elsworth, 
he  said  Mr.  Jay  had  given  a  similar  construction  with  me,  or  at 
least  I  so  understood  him.  I  did  not  hear  one  of  the  state 
ments  which  I  made  answered  or  attempted  to  be  answered. 
I  happened  to  turn  round  and  the  full-length  portrait  of  the 
King  and  Queen  of  France  caught  my  eye.  I  really  seemed 
to  think  they  would  upbraid  me  if  I  was  silent.  I  knew  the 
disadvantage  I  labored  under,  but  I  got  up. 

Nations  being  composed  of  individuals,  the  virtue,  char 
acter,  and  reputation  of  the  nation  must  depend  on  the  morals 


406  THE  FRENCH  ABUSED.  [1791 

of  the  individual,  and  could  have  no  other  basis.  Gratitude, 
generosity,  sensibility  of  favors,  benignity,  and  beneficence 
had  not  abandoned  the  human  breast ;  in  fact,  these  were  the 
conditions  on  which  the  human  race  existed  ;  that  these  pas 
sions,  so  far  as  they  respected  the  French  nation,  were  deeply 
engraved  on  the  bosom  of  every  American  Revolutionist.  I 
knew  there  were  characters  of  a  different  kind  in  America  ; 
but  for  them  we  cared  not ;  that  I  was  convinced  the  sense 
of  America  had  been  fairly  expressed  by  Congress  on  the 
resignation  of  General  Washington,  when  the  epithet  of 
u  magnanimous  nation  "  was  applied  to  them. 

What  were  the  expressions  of  Congress  as  reported  by  a 
committee,  some  of  whom  are  now  within  my  hearing,  in  the 
year  1783,  with  respect  to  that  now  vilified  nation  ?  "  Exer 
tions  of  arms,"  "  succors  of  their  treasury,- '  "  important  loans," 
"  liberal  donations,"  "  magnanimity,"  etc.  Yes,  all  this  and 
more,  for  I  have  the  book  before  me.  In  fact,  language  la 
bored  and  seemed  to  fail  in  expressions  of  gratitude  to  our 
ally.  But  here  is  a  reverse  indeed.  If  right  then,  we  must 
be  wrong  now  ;  and  my  heart  tells  me  it  is  so.  Vituperation 
and  abuse,  more  especially  in  the  national  way,  are  of  the  re 
flective  kind,  and  attach  disgrace  rather  to  the  assailants  than 
to  the  assailed.  Who  ever  believed  that  the  grins  or  dirty 
tricks  of  the  baboon  or  monkey  in  the  African  or  American 
wilds  disgraced  the  traveler  that  walked  below,  although  they 
attached  contempt  to  the  filthy  animal  above  ? 

Elsworth  took  a  great  deal  of  snuff  about  this  time.  lie 
mumped,  and  seemed  to  chew  the  cud  of  vexation.  But  lie 
affected  not  to  hear  me,  and,  indeed,  they  were  all  in  knots, 
talking  and  whispering.  Mr.  Adams  talked  with  Otis,  accord 
ing  to  custom.  The  committee  alluded  to  were :  Madison, 
Elsworth,  and  Hamilton.  I  am  too  sparing ;  I  should  have 
read  that  part  of  the  report  with  their  names. 

I  can  not  help  a  remark  or  two.  A  Avar  in  some  shape  or 
other  seems  to  have  been  the  great  object  with  Hamilton's 
people.  At  first  they  would  have  war  with  the  Northern  In 
dians.  That  failed.  They  have  succeeded  in  involving  us 
with  the  Northwestern  Indians.  Britain  at  one  time  seemed 
their  object.  Great  efforts  were  made  to  get  a  war  with  Al- 


FEB.  28]  COUNTERFEIT  CERTIFICATES.  407 

giers.  That  failed.  Now  it  seems  to  be  made  a  point  to  differ 
with  the  French.  That  lively  nation  do  not  seem  to  have 
been  aware  that  ours  was  a  civil  war  with  Britain,  and  that 
the  similarity  of  language,  manners,  and  customs  will,  in  all 
probability,  restore  our  old  habits  and  intercourse,  and  that 
this  intercourse  will  revive — indeed,  I  fear  it  has  already  re 
vived — our  ancient  prejudices  against  France.  Should  we  dif 
fer  with  France,  we  are  thrown  inevitably  into  the  hands  of 
Britain;  and,  should  France  give  any  occasion,  we  have  thou 
sands  and  tens  of  thousands  of  anti-Revolutionists  ready  to 
blow  the  coals  of  contention. 

February  *27th,  Sunday.— This  day  made  inquiries  of 
George  Remsen,  one  of  the  clerks  of  Hamilton's  office,  re 
specting  a  story  which  is  circulating  with  respect  to  Bingham 
having  got  thirty-six  thousand  dollars  of  counterfeit  certifi 
cates  registered  and  a  new  certificate  for  them.  He  declares 
the  fact  is  so.  These  certificates  have  been  copied  from  genu 
ine  certificates,  the  counterfeits  handed  to  the  Auditor  (Milli 
gan),  passed  by  him  tc  the  Register  (bourse),  and  a  new  cer 
tificate  given  for  the  amount.  Thus  the  counterfeits  being 
disposed  of,  there  could  be  no  danger  of  detection,  as  the 
genuine  and  counterfeit  ones  could  never  meet.  Now,  the 
genuine  ones  coming  forward  to  be  loaned,  the  fraud  is  found 
out. 

I  dined  this  day  with  Dr.  Rushton.  I  mentioned  this  cir 
cumstance.  A  gentleman  of  the  name  of  Curry  came  in  while 
I  talked  of  it,  Without  mentioning  names,  he  said  this  must 
be  Mr.  Swanwick.  He  was  asked  how  large  a  certificate 
Swan  wick  had  founded  in  this  way  ;  he  said  only  twenty  thou 
sand  dollars.  Hell  surely  must  have  emptied  her  rascals  upon 
us,  or  we  never  could  have  been  served  thus !  Remsen  has 
promised  to  give  me  more  information  on  this  subject. 

February  %8th,  Monday. — This  day  I  fell  in  discourse 
with  Mr.  Morris,  and  mentioned  the  thirty-six  thousand  dol 
lars  in  possession  of  Bingham.  It  seems  it  is  the  same  which 
Swanwick  had.  A  Charles  Young  owed  Swanwick,  and  was 
arrested  in  New  York  for  the  debt  on  his  return  from  Boston  ; 
paid  these  certificates  to  Swanwick ;  was  discharged ;  they 
were  registered.  Swanwick  sold  to  Bingham  for  twelve  him- 


408  COUNTERFEIT  CERTIFICATES.  [1791 

dred  pounds,  knowing  the  state  of  the  registered  certificates. 
This  cast  an  air  of  innocence  over  the  transaction.  Perhaps 
we  shall  hear  more  of  it. 

Sclmyler's  bill,  which  went  to  make  debts  due  to  the 
United  States  payable  in  certificates,  etc.,  the  object  of  which 
could  not  be  observed,  and  which  truly  might  be  called  a  snake 
in  the  grass,  was  laid  over  to  the  next  session. 

I  could  not  ascertain  the  point  in  the  above  conversation 
who  obtained  the  registry  of  the  above  certificates,  and  there 
fore  have  endeavored  to  find  from  Mr.  Morris  wrho  discovered 
the  cheat ;  at  what  time  with  respect  to  the  registry,  viz., 
whether  before  or  after.  But  he  was  guarded,  and  either 
knew  not  or  would  not  tell ;  but  he  admitted  that  they  were 
known  to  be  counterfeits  at  the  time  of  the  sale.  This,  in  my 
opinion,  involves  both  in  criminality.  O  deluded  public, 
little  do  you  know  of  what  stuff  the  Federal  debt  is  composed 
which  you  are  daily  discharging  with  sorrow ! 

March  1st. — Attended  this  morning  the  eulogium  in  honor 
of  Dr.  Franklin,  pronounced  by  Dr.  Smith.  People  say  much 
of  it ;  I  thought  little  of  it.  It  was  trite  and  trifling.  Per 
haps  I  am  censorious.  I  despise  Smith.  He  certainly  is  a  vile 
character. 

Much  business  was  hurried  through  the  Senate  this  day. 
Now  is  the  time  for  dark,  designing  men  to  carry  in  and  hurry 
through,  under  some  spurious  pretense,  the  deep-laid  plots  of 
speculation.  The  immature  resolve  and  ill-digested  law  often 
escape  examination  while  nothing  but  home  occupies  the 
minds  of  the  departing  members. 

Few  days  happen  in  which  I  do  not  meet  with  something 
to  fret  my  political  temper,  but  this  day  I  met  with  something 
that  really  roused  every  feeling  of  humanity  about  me.  The 
President  was  directed  some  time  ago  to  take  measures  to  ran 
som  eleven  Americans  wlio  are  slaves  at  Algiers.  Money  was 
appropriated  for  this  purpose  out  of  the  Dutch  loan  in  1Y88. 
The  President,  however,  sent  us  back  a  message  to  appropriate 
the  money  for  the  purpose ;  and  now  a  committee,  who  had 
the  African  business  committed  to  them,  reported  twenty 
thousand  dollars  to  treat  with  the  Emperor  of  Morocco,  but 
not  a  cent  for  the  poor  slaves.  Hard  was  the  heart  that  could 


MARCH  2]    RUSHING  BILLS  THROUGH  THE  SENATE.  409 

do  it,  and  clay-cold  was  the  conduct  of  the  President  even  in 
the  business.  I  said  and  did  what  I  could,  but  all  in  vain ; 
and  we  will  not  only  confine  to  slavery,  but  murder  with  the 
plagues  of  that  deleterious  climate,  these  unhappy  men. 

Izard  came  over,  and  made  a  long  complaint  against  Hamil 
ton.  Here,  said  he,  have  we  been  waiting,  nobody  knows  how 
long,  and  Hamilton  has  promised  to  send  us  a  bill  for  the  Mint. 
And  now  at  last  he  sends  us  a  resolution  to  employ  workmen. 
Two  things  are  clear  from  this  :  that  Hamilton  prepares  all 
matters  for  his  tools  (this  I  knew  long  ago) ;  the  other  is  that 
he  has  kept  back  this  exceptionable  business  till  there  wrould 
be  no  time  to  investigate  it. 

Bassett  this  day  laid  on  the  table  a  resolution  for  a  com 
mittee  of  hoth  Houses  to  wait  on  the  President  to  request 
him  to  take  measures  with  the  Indians,  etc.  A  pretty  pass  of 
society  we  have  already  arrived  at !  It  would  be  much  more 
consonant  to  the  dignity  of  Congress  to  establish  a  spirited 
inquiry  how  we  came  to  be  involved  in  a  war  without  the  au 
thority  of  Congress,  than  to  be  begging  our  own  servants  to 
spare  the  effusion  of  human  blood.  Every  account  of  this 
kind  seems  to  be  received  with  an  air  of  satisfaction  by  the 
adherents  of  the  Administration,  as  if  our  military  defects 
wrere  political  virtues. 

March  %d. — Oh,  'twas  joyful  news  when  I  came  home  and 
found  my  man  sent  by  Bob  Murdock,  and  had  the  pleasure  to 
hear  of  the  welfare  of  my  family.  More  business  has  been 
hurried  through  the  Senate  this  day  than  has  been  done  in  a 
month  of  our  former  sessions  at  other  periods.  The  Secretary 
[Hamilton]  has  bought  the  present  House,  and  he  wishes  to 
have  his  money's  worth  out  of  them.  The  resolution  of  the 
Mint  was  foully  smuggled  through.  I  hope  somebody  will  take 
notice  of  it  in  the  other  House.  It  is  evident  what  a  system 
has  been  adopted  by  the  Secretary  [Hamilton].  We  used  to 
canvass  every  subject  and  dispute  every  inch  of  his  systems, 
and  this  sometimes  detached  some  of  his  party  from  him  and 
defeated  him.  To  prevent  this,  all  has  been  put  off  until  this 
late  moment,  and  now  not  a  word  will  be  heard.  The  plea  of 
want  of  time  prevails,  and  every  one  that  attempts  to  speak  is 
silenced  with  the  cry  of  question  and  a  mere  insurrection  of 


410  THE  HOLLAND  LOAN.  [1791 

the  members  in  support  of  the  demand.  I  am  at  no  loss  now 
to  ascertain  the  reason  why  the  Mint  business  has  been  delayed 
and  finally  came  forward  under  the  form  of  a  resolution  rather 
than  a  bill.  Bills  can  not  be  read  out  of  order  but  by  unani 
mous  consent. 

It  was  known  that  I  had  controverted  sundry  positions 
laid  down  by  Hamilton  in  his  report,  and  had  prepared  myself 
on  the  subject.  It  was  easy  to  call  the  question  and  silence 
debate,  but  now  the  time  was  short  and  I  still  had  a  vote.  By 
refusing  consent  to  an  irregular  reading  of  a  bill,  this  rule  did 
not  extend  to  a  common  resolution.  King  made  a  motion  by 
a  side-wind  to  bring  in  the  principal  of  the  bill  for  paying  oft' 
the  foreign  officers,  but  being  smoked  he  sneaked  off.  This 
great  man  is  miserably  deficient  in  candor.  He  is  an  active 
member  of  the  smuggling  committee.  It  was  to  a  bill  for  the 
protection  of  the  Treasury  that  he  wished  to  detach  his  moved 
amendment.  This  bill  seemed  in  a  peculiar  manner  committed 
to  his  care.  Two  laws  empowered  [the]  Government  to  borrow 
of  Holland  :  one  was  to  pay  the  interest  on  the  foreign  debt ; 
the  other  was  to  reduce  the  domestic  debt  by  buying  in  while 
it  was  under  par  (this  the  ostensible  reason,  but  the  real  one 
was  to  make  a  machine  of  this  money  for  raising  the  stocks). 
The  first  was  a  matter  of  necessity,  as  the  interest  fell  due. 
The  second  loan  was  expressly  confined  to  be  done  at  an  in 
terest  of  five  per  cent ;  but  it  has  been  done  at  a  charge  of 
four  and  one  half  per  cent ;  or,  in  other  words,  ninety-five  and 
a  half  only  is  received,  on  which  five  is  paid  annually  as  in 
terest.  Now,  a  bill  is  silently  passed  along  in  the  mass  of 
business  to  sanctify  this  willful  deviation.  The  thing  is  done, 
the  money  received,  brought  over,  and  in  part,  at  least,  ex 
pended.  There  was  nobody  to  hear  speeches  or  attend  argu 
ment,  I  could  not,  however,  help  condemning  the  measure. 
The  duty  of  the  Government  was  to  borrow  at  five  per  cent 
or  let  it  alone ;  but  if  the  Treasury  could  once  establish  the 
practice  of  acting  without  or  contrary  to  law,  the  whole  free 
dom  of  the  Government  might  be  sapped  by  fiscal  arrange 
ment,  and  the  Congress  of  the  United  States  might  in  time 
become,  as  in  Great  Britain,  the  mere  tool  of  ministerial  im- 
positon  and  taxation. 


MARCH  3]    RUSHING  BILLS  THROUGH   THE  SENATE.  41 J 

It  lias  been  usual  with  declamatory  gentlemen,  in  their 
praises  of  the  present  Government,  by  way  of  contrast,  to  paint 
the  state  of  the  country  under  the  old  Congress  as  if  neither 
wood  grew  nor  water  ran  in  America  before  the  happy  adoption 
of  the  new  Constitution.  It  would  be  well  for  the  future,  in 
such  comparisons,  to  say  nothing  of  national  credit  (which,  by 
the  by,  I  never  considered  as  dependent  on  the  prices  cur 
rent  of  certificates  in  the  hands  of  speculators),  for  the  loan  of 
1T88  was  done  in  Holland  at  five  per  cent,  only  postponed. 

March  3d. — As  well  might  I  write  the  rambles  of  Harle 
quin  Ranger  or  the  vagaries  of  a  pantomime  as  to  attempt  to 
minute  the  business  of  this  morning.  What  with  the  exits  and 
the  entrances  of  our  Otis,  the  announcings,  the  advancings, 
speechings,  drawings,  and  withdrawings  of  Buckley  and  Lear, 
and  the  comings  and  goings  of  our  committee  of  enrollment, 
etc.,  and  the  consequent  running  of  doorkeepers,  opening  and 
slamming  of  doors,  the  House  seemed  in  a  continual  hurricane. 
Speaking  would  have  been  idle,  for  nobody  would  or  could 
hear.  Had  all  the  business  been  previously  digested,  matter  or 
form  would  have  been  of  little  consequence.  This,  however, 
was  not  the  case.  It  was  patching,  piecing,  altering,  and 
amending,  and  even  originating  new  business.  It  was,  how 
ever,  only  for  Elsworth,  King,  or  some  of  Hamilton's  people 
to  rise,  and  the  thing  was  generally  done.  But  they  had  over 
shot  themselves ;  for,  owing  to  little  unforeseen  impediments, 
there  was  no  possibility  of  working  all  through,  and  there  was 
to  be  a  great  dinner  which  must  absolutely  be  attended  to. 
Terrible,  indeed,  but  no  alternative — the  House  must  meet  at 
six  o'clock. 

In  the  evening  by  candle-light.  When  I  saw  the  merry 
mood  in  which  the  Senate  assembled,  I  was  ready  to  laugh. 
When  I  considered  the  occasion,  I  was  almost  disposed  to 
give  way  to  a  very  different  emotion.  I  did,  howWer,  neither 
the  one  nor  the  other ;  and,  feeling  myself  of  as  little  impor 
tance  as  I  had  ever  done  in  my  life,  I  took  pen  and  paper  and 
determined,  if  possible,  to  keep  pace  with  the  hurry  of  business 
as  it  passed,  which  I  expected  would  now  be  very  rapid,  as  I 
had  no  doubt  that  Hamilton's  clerks  had  put  the  last  hand  to 
everything : 


412  RUSHING  BILLS  THROUGH  THE  SENATE.  [1791 

1.  Mr.  Buckley  announced  that  lie  brought  a  new  resolve 
for  tlie  safe-keeping  of  prisoners,  etc. 

2.  A  bill  for  compensation  to  commissioners  of  loans  for 
extra  expenses. 

3.  A  salary  bill  for  the  executive  officers,  their  clerks,  and 
assistants. 

4.  Resolve  for  the  President  to  lay  before  Congress  an 
estimate  of  lands  not  claimed  by  Indians. 

5.  The  Mint  resolve. 

These  obtained  the  signature  of  the  President  of  the  Senate 
and  were  sent  off  for  the  deliberation  and  approbation  of  the 
President.  The  prisoner  resolve  was  agreed  to  and  sent  back 
to  the  Representatives  by  Otis. 

6.  Mr.  Buckley :  second  message. 

A  new  bill  to  carry  into  effect  the  convention  with  the 
French,  etc.  This  business  has  been  most  shamefully  neglect 
ed.  I  had  often  spoken  on  the  subject,  but  my  influence  was 
gone.  I  had,  however,  spoken  lately  to  sundry  members  of 
the  House  of  Representatives,  and  even  at  this  late  hour  was 
happy  to  see  the  bill.  To  speak  in  the  present  uproar  of  busi 
ness  was  like  letting  off  a  pop-gun  in  a  thunder-storm.  But 
this  was  the  merest  matter  of  form  possible.  It  was  only  giv 
ing  the  authority  of  law  to  a  convention  solemnly  entered  into 
with  the  French.  My  colleague  cried  "  No  !  "  on  the  second 
reading.  I  called  for  the  yeas  and  nays,  and  not  out  of  resent 
ment,  but  merely  with  an  exculpatory  view,  if  this  conduct 
should  draw  on  us  the  resentment  of  France,  for  I  consider  it 
disrespectful  (to  say  no  worse)  toward  her  and  dishonorable 
in  us. 

T.  Mr.  Buckley :  third  message  with  the  Pension,  Invalid, 
and  Lighthouse  bills. 

The  committee  reported  the  enrollment  of  the  following 
acts : 

8.  For  the  continuance  of  the  post-office. 

9.  For  granting  lands  to  the  settlers  at  Yincennes,  Illinois. 

10.  Supplementary  act   for  the   reduction  of   the  public 
debt. 

11.  For  granting  compensation   to  judicial   officers,  wit 
nesses,  and  jurymen. 


MARCH  3]  CLOSE  OF  THE  SESSION.  413 

These  bills  received  the  signature  of  the  President  of  the 
Senate  after  being  brought  up  by  Mr.  Buckley  in  his  fourth 
message. 

12.  Who  brought  at  the  same  time  a  new  bill  for  the  relief 
of  David  Cook  ?     Twice  heretofore  has  there  been  an  attempt 
to  smuggle  this  bill   through  in  the  crowd.      It  happened, 
however,  to  be  smoked  and  rejected. 

13.  Mr.  Buckley's  fifth  message  brought  a  bill  for  making 
further  provision  for  collection  of  duties  on  teas,  etc.,  which 
received  the  signature,  etc. 

14:.  An  enrolled  resolve,  which  also  received  the  signature, 
etc. 

There  now  was  such  confusion  with  Otis,  Buckley,  Lear, 
our  committee  of  enrollment,  etc.,  that  I  confess  I  lost  their 
arrangement.  Indeed,  I  am  apt  to  believe  if  they  had  any 
they  lost  it  themselves.  They  all  agreed  at  last  that  the  busi 
ness  was  done.  The  President  left  the  chair,  and  the  members 
scampered  down-stairs.  I  stayed  a  moment  to  pack  up  my 
papers.  Dalton  alone  came  to  me,  and  said  he  supposed  we 
two  would  not  see  each  other  soon.  We  exchanged  wishes  for 
mutual  welfare.  As  I  left  the  Hall,  I  gave  it  a  look  with  that 
kind  of  satisfaction  which  a  man  feels  on  leaving  a  place  where 
he  has  been  ill  at  ease,  being  fully  satisfied  that  many  a  culprit 
has  served  two  years  at  the  wheelbarrow  without  feeling  half 
the  pain  and  mortification  that  I  experienced  in  my  honorable 
station. 


INDEX. 


NOTE.— As  the  diary  of  William  Maclay  covers  a  space  of  only  two  years,  the  public 
affairs  of  that  period  are  treated  very  fully,  and  in  detail.  This  threw  peculiar  diffi 
culties  in  the  way  of  the  indexer.  If  the  exceedingly  numerous  and  oft-repeated  ref 
erences  to  the  position  of  prominent  individuals  in  various  questions  of  public  interest 
had  all  been  separately  indexed,  the  list  would  have  been  extended  to  too  great  a  length 
for  practical  purposes.  All  such  references  have,  therefore,  been  grouped  together 
under  appropriate  titles  in  the  list  of  references  following  each  name,  as  :  IZARD,  on  the 
impost, — on  the  tonnage  act,  etc.  In  this  way  nothing  remains  un-indexed,  while  the 
inconvenience  of  an  endlessly  minute  system  of  reference  is  avoided. 


Abolition  laws,  382. 

Abolition  Society,  petitions  and  memori 
als  of,  1 96.  See  also  Slavery. 

Acts.  For  various  acts  referred  to  in  the 
Diary,  see  under  Carolina,  Debt  (Pub 
lic),  Judicial,  North  Carolina  Cession, 
Officers,  Salaries,  Settlers,  Tonnage. 

Adams,  Mrs.,  137. 

Adams,  John  ;  his  predilection  for 
titles,  1-3,  13,  14,  23-27,  30,  33, 
37,  38,  45,  50,  64,  65,  140,  155,  349, 
350 ;  his  delight  in  ceremony  and 
etiquette,  4,  7,  8,  21,  22,  31,  39,  49, 
127, 137,  140;  monarchical  principles, 
10-12,  166,  167,  216,  249;  his  char 
acter,  14,  20,  54,  206,  207;  on  presi 
dential  powers,  17;  nicknamed  "Ro 
tundity"  by  Izard,  30;  reads  the  an 
swer  to  Washington's  address  (1789), 
41,— (1790)  348;  how  shall  bills  be 
signed  in  the  Senate  ?  39,  45,  49, 191, 
224  ;  his  unpunctuality,  44  ;  on  the  im 
post,  53,  55-58  ;  on  balloting  on  nomi 
nations  in  the  Senate,  78,  80,  81;  presi 
dential  prospects,  85,  86  ;  on  the  Ju 
diciary  bill,  92,  94,  101,  104,  108  ;  on 
the  removing  power  of  the  President, 
115,  116;  slights  Maclay,  117,  301, 
406;  on  protests,  118;  on  the  For 
eign  Affairs  bill,  119;  on  the  treaty 


with  the  Southern  Indians,  128-130; 
dines  with  Washington,  137;  on  the 
Salary  bill,  145  ;  judges'  salaries, 
157;  on  the  residence  question,  162- 
165,  169,  279-281,  285,  307-313, 
328;  on  "unfinished  business,"  181, 
184,  185;  on  the  Abolition  Society, 
196  ;  the  North  Carolina  Cession,  203  ; 
"  lampooned  "  by  the  members,  205  ; 
on  the  Appropriation  bill,  222 ;  on 
the  Military  Establishment  bill,  243  ; 
nicknamed  "  Bonny  Johnny  "  by  Mac- 
lay,  252,  308 ;  on  salaries  of  ambas 
sadors,  254,  278  ;  arrears  due  to  Vir 
ginia  and  North  Carolina  soldiers, 
270;  Steuben's  bill,  274-276;  unfit- 
ness  for  his  position,  286;  on  the 
Funding  bill,  327 ;  on  assumption, 
330,  332  ;  on  the  Excise  bill,  385,  386. 

Adams,  Samuel,  5. 

Adlum's  petition,  364. 

Affirmation  in  courts,  88,  89.  See  also 
under  Oaths. 

Alden,  260. 

Alexandria,  Va.,  395. 

Algiers,  troubles  with,  359,  364,  366, 
375,  376,  383,  390,  406-408. 

Aliens,  as  landholders,  208,  215-218. 
See  also  Consuls  and  Naturalization 
bill. 


416 


INDEX. 


Altamaha  River,  132. 

Ambassadors,  94  ;  the  President's  power 
of  dismissing,  82 ;  salaries  of,  254, 
304  ;  bill  for  appointing  (Intercourse 
bill),  278,  304.  See  also  Consuls  and 
Ministers. 

Ames,  Fisher,  one  of  the  "  court  party," 
114,  197;  in  the  residence  question, 
150,152,153;  monarchical  tendencies, 
166,  167;  resolutions  on  the  claims 
of  the  States,  205 ;  on  the  assump 
tion,  237,  331. 

Amsterdam,  208. 

Appointments.     See  Nominations. 

Appropriation  bill,  166,  215,  221,  222, 
386. 

Approving  power  given  to  the  Senate 
by  the  Constitution,  119. 

Aragon,  81. 

Armstrong,  174. 

Army,  standing,  likely  to  be  produced 
by  the  Military  Establishment  bill, 
227,  232,  243-245 ;  the  Constitution 
opposed  to  it,  241 ;  in  Great  Britain 
(the  Mutiny  bill),  244;  attempts  to 
establish  one  in  the  United  States, 
380,  383,  390,  396. 

Arrangement  Committee,  41,  42,  45. 

Ashe,  John  B.,  favors  assumption,  224. 

Assumption  bill,  213,  324-326;  con 
solidated  with  the  Funding  bill,  333 ; 
assumption  of  State  debts.  See  un 
der  State  debts. 

Augusta,  Ga.,  308. 

Bailey's  bill  "  for  certain  inventions," 

205-207,  291,  297. 
Ballot,  debate  on  its  use  in  the  Senate, 

instead  of  the  viva  voce  method,  in 

voting  upon  nominations  sent  in,  78- 

82,  103,  104,  110,  111,  123. 
Baltimore,  in   the   residence   question, 

286,    289,    291-293,    299,   304,   305, 

309,  310,  341. 
Bank  bill,  364,  368-373. 
Bank,  national,  355. 
Bank  of  North  America,  372. 
Bankrupt  law,  Tracy's  memorial  for  a, 

220. 


Barclay,  94. 

Bargaining  in  Congress.     See  "  Deals." 

Barry,  Captain,  71,  259 ;  petition  from 
Barry  and  others,  224. 

Bassett,  [Richard],  of  Delaware,  300; 
on  the  Judiciary  bill,  93-95,  99,  101, 
104,  106  ;  on  the  removing  power, 
116;  the  Foreign  Affairs  bill,  117- 
119;  dines  with  the  President,  137; 
on  the  residence,  164,  267,  275,  306 ; 
on  "unfinished  business,"  179, 185;  on 
the  bill  on  crimes  and  punishments, 
188;  on  Bailey's  bill,  205;  on  as 
sumption  of  State  debts,  210;  on  the 
Mitigation  bill,  211 ;  on  the  Naturali 
zation  bill,  217;  on  the  Rhode  Island 
bill,  264 ;  arrears  due  to  soldiers, 
270 ;  his  resolution  on  Indian  affairs, 
409. 

Battery,  the,  (New  York  city),  231,  292. 

Baxter,  Mrs.,  69-71. 

Beard,  390. 

Bell,  69,  70. 

Bell,  Mrs.,  299,  372. 

Bellamont,  Lord  and  Lady,  299. 

Benson,  on  assumption,  228,  237. 

Berkel,  Count  Van,  (Dutch  minister), 
42,  238. 

Biddle,  Charles,  319,  384. 

Bills,  if  postponed,  to  be  treated  as  new 
business,  179,  180,  182-184;  how  to 
be  signed  by  the  Vice-President,  39, 
40,  45,  49,  191,  224;  bills  rushed 
through  the  Senate  at  the  close  of 
the  session,  409^12. 

Bills.  For  various  bills  brought  before 
Congress,  see  under  Ambassadors,  Ap 
propriation,  Assumption,  Bailey,  Bank, 
Carolina,  Cession,  Coasting-trade,  Col 
lection,  Commerce,  Commissioners 
of  Loans,  Company,  Compensation, 
Congress,  Consuls,  Cook  (D.),  Courts 
(Federal),  Crimes,  East  Indian  Trade, 
Ely  (Colonel),  Enumeration,  Excise, 
Fines,  Foreign  Affairs,  Foreign  Na 
tions,  Foreign  Officers,  Funding, 
Gould,  Impost  (2),  Indians  (2),  In 
spection  Laws,  Intercourse,  Invalid, 
Inventions,  Judiciary,  Kentucky, 


INDEX. 


417 


Lands,  Lighthouse,  McCord  (J.), 
Military,  Militia  Law,  Ministers, 
Mint,  Mitigation,  Moore  (S.),  Mutiny, 
North  Carolina,  North  Carolina  Ces 
sion,  Oath,  Officers  (3),  Ohio  River, 
Penal,  Pensions,  Post-Office,  Progress, 
Residence,  Revenue,  Rhode  Island, 
Rhode  Island  Enumeration,  Salaries  j 
(4),  Salary,  Seamen,  Settlement,  State 
Debts,  Steuben,  Susquehanna,  Tea, 
Tonnage,  Treasury,  Treaty,  Twining 
(N.),  Useful  Arts,  War  Department, 
Ways  and  Means,  Writs. 

Bingham,    William,   126;    in    Pennsyl 
vania   politics,    193,   212,    349,    366,  j 
369,  395  ;  has  counterfeit  certificates  | 
registered,  407. 

Bishop,  352. 

Blackstone,  92,  94. 

Bland,  Theodore,  on  assumption,  209, 
214. 

Blount,  129. 

Board  of  Property,  345,  351,  379,  381. 

Board  of  Purchase,  354,  355. 

Bogart,  Henry,  227. 

Bonny  Johnny,  Bonny  Johnny  Adams.  | 
See  Adams,  John. 

Boudinot,  [Elias],  198;  on  the  residence, 
153,  268,   269;    on  the  assumption,  | 
237;  on  the  Judiciary  bill,  251. 

Bowery,  The  (New  York  city),  43,  321. 

Boyd,  358,  365,  390. 

Brackenridge,  [Hugh  Henry],  358 

Bradford,  103. 

Brannon's  (eating-house),  48,  265,  332. 

Bribery  jn  the  Senate,  117,  209,  310. 

Brickbell,  359. 

Bronx  River,  138. 

Brooks,  Edward,  367. 

Brown  (of  Northampton),  379. 

Brown,  Andrew  (printer),  190,  234, 
235. 

Brown,  James,  227. 

Brunks  (Bronx)  River,  138. 

Bryan,  Judge,  death  of,  382,  391. 

Buchan's  "  Family  Physician,"  106. 

Buckley,  179,  182,  189;  his  political 
aspirations,  189;  on  the  residence, 
268. 

27 


Burd,  383. 

Burke,  Judge  [Edanus],  on  assumption 
of  State  debts,  210,  211  ;  attacks 
Hamilton,  227,  230;  his  inconsist 
ency,  356,  357. 

Burke,  Edmund,  249. 

Burrell,  153. 

Butler,  Colonel,  90. 

Butler,  General,  at  the  treaty  of  Mus- 
kingum,  126. 

Butler,  [Pieice],  173,  186,  226;  on  the 
Impost  bill,  71,  72  ;  on  the  Judiciary 
bill,  74,  88,  104,  117,  152;  on  the 
Tonnage  act,  76 ;  shall  nominations 
be  voted  upon  by  ballot  or  viva  voce  ? 
79 ;  on  the  removing  power,  112-114, 
116;  the  treaty  with  the  Southern 
Indians,  130 ;  on  the  Compensation 
bill,  135,  139 ;  on  the  residence,  157- 
160,  164,  272-275,  278-281,  284,  285, 
289,  307,  308,  310,  311,313;  criti 
cises  the  President's  speaking,  1 74  ; 
on  the  Carolina  bill,  188 ;  the  Aboli 
tion  Society,  196;  attacks  Dr.  Frank 
lin,  196,  247;  on  the  Enumeration 
bill,  197,  198 ;  on  assumption  of 
State  debts,  209,  289,  323,  325  ;  on 
the  Naturalization  bill,  217  ;  favors 
slavery,  223 ;  on  the  Military  Estab 
lishment  bill,  239,  243  ;  the  Rhode 
Island  bill,  264,  266 ;  arrears  due  to 
soldiers,  270;  Steuben's  bill,  273, 
275  ;  on  the  Funding  bill,  297,  298 ; 
on  the  Settlement  bill,  318;  on  the 
Bank  bill,  368,  370;  on  the  Excise 
bill,  388 ;  his  resolution  for  augment 
ing  the  salaries  of  Federal  officers, 
400. 

Cables,  duty  on,  53-55. 

Campbell,  Donald,  claims  of,  337. 

Campbell,  Duncan,  his  petition,  39. 

Canada,  308 ;  lands  for  Canadian  suf 
ferers,  298. 

Carlisle,  in  the  residence  question,  134. 

Carolina  bill.     See  North  Carolina. 

Carolina  Cession  act,  228.  See  also  under 
North  Carolina  and  South  Carolina. 

Carpenter,  359. 


418 


INDEX. 


Carroll,  [Charles]  (of  Carrollton),  114, 
216,  220;  on  titles,  2,  24,  35,  36,  38, 
65,  233 ;  on  questions  of  ceremony, 
4,  8,  10,  10,  22;  on  the  signing  of 
bills  by  the  Vice-President,  39,  40; 
on  the  Impost  bill,  48,  51-54,  57,  58, 
67,  71  ;  shall  nominations  be  decided 
upon  by  ballot  or  viva  voce  ?  79,  80 ; 
on  the  removing  power  of  the  Presi 
dent,  113,  116;  on  the  Compensation 
bill,  139 ;  in  the  residence  question, 
158,  160,  166,  275,  279,  289,  291, 
292,  307-312,  314,  395-397;  on  the 
Military  Establishment  bill,  239,  245  ; 
moves  that  crape  be  worn  for  the 
death  of  Franklin,  246,  247 ;  on  the 
Rhode  Island  bill,  250,  251,  264;  ar 
rears  due  to  soldiers,  270  ;  on  the 
Post-Office  bill,  308  ;  on  the  Assump 
tion  and  Funding  bills,  314,  322,  327, 
328. 

Census.     See  Enumeration. 

Centralization  of  power,  116,  117,  230, 
232,  236,  250,  264,  333,  393,  394. 
See  also  under  State  rights. 

Ceremonies,  joint  committee  of,  4. 

Ceremony  and  etiquette,  an  undue 
amount  of,  in  Congress,  2,  4,  7,  8,  21, 
127,  251.  See  also  under  Adams,  J., 
Monarchical,  and  Titles. 

Certificates,  Continental,  speculation  in, 
177-179, 199,  200,  301,  330-332,  336  ; 
funding  of,  177,  195,  296,  297;  de 
preciation  of,  327 ;  counterfeit,  407, 
408.  See  also  State  debts,  assump 
tion  of. 

Cession  bill.     See  North  Carolina. 

Chancery,  debate  on,  95,  96. 

Cherokees,  128,  129. 

Chew,  [Benjamin],  346. 

Chickasaws,  129;  treaties  with,  132. 

Childs  (printer),  152,  250. 

China,  trade  with,  60 ;  her  neutral  policy 
desirable  for  the  United  States,  82, 
83. 

Choctaws,  129;  treaties  with,  132 

Cigar-smoking  in  1790,  301. 

Cincinnati,  the  Order  of  the,  274 ;  cele 
brate  the  4th  of  July,  100  ;  "  one  of 


Hamilton's  machines,"  194,  209;  in 
politics,  283,  320  ;  attacked  by  Judge 
Burke,  357. 

Circuit  Courts,  debate  on,  87,  88,  104, 
251. 

Civil  list,  increase  of  the,  297.  Sec  also 
Offices. 

Clarton,  Governor,  attacks  Hamilton, 
194. 

Clymer,  [George],  3,  238,  331 ;  in  corre 
spondence  with  Pennsylvanians  on 
the  impost  question,  53,  54,  59,  60 ; 
on  the  residence  question,  136,  138, 
142,  146,  149-155,  161,  166,  190-192, 

224,  233,  267,  277-279,  292,  319,  335, 
336 ;    on  the  assumption,   202,   209, 
223,  224,  227-231,  236,  237,  327,  332  ; 
opposed  to  paying  debts  with  Western 
land,  249  ;  supports  Tench  Coxe,  255  ; 
on  the  Pennsylvania  accounts,  264. 

Coal,  duty  on,  91. 

Coasting-trade  bill,  124,  126,  128,  134. 

Coinage,  laws  respecting,  86 ;  counter 
feit,  86. 

Collection  bill,  53,  59,  71,  73,  75,  113, 
118,  340. 

Collins,  346. 

Commissioners  of  Loans,  bill  for  com 
pensation  to,  412. 

Commerce,  bill  for  the  protection  of,  97. 

Committees  in  Congress,  advantage  of, 
130. 

Committees.  For  various  congressional 
committees,  see  Arrangement,  Cere 
monies,  Congress,  Howcll's,  Judiciary, 
Mediterranean  navigation,  Newspa 
pers,  Penal  Federal  laws,  Rhode  Isl 
and,  Senators. 

Company  bill,  29. 

Compensation  bill,  134-136,  139-141. 

Conewago  Falls,  162. 

Congress,  the  residence  question  (de 
bates  on  the  removal  of  Congress 
from  New  York,  and  its  future  resi 
dence),  3,  4,  14,  15,  37,  38,  41,  43,  70, 
75,  86,  88,  134,  136,  137,  139,  142, 
145-166,  168,  173,  178,  190-193,  224, 

225,  231,  244,  249-251,  2(55,  267-269, 
271-275,  277-286,  289,  291-295,  299, 


INDEX. 


419 


300,  304-314,  319-322,  328,  329,  333, 
335,  340-342  ;  the  District  of  Colum 
bia  decided  upon,  378,  395,  397 ; — 

(the  minutes  of  the  debates  on  the 
residence  extend  practically  through 
the  whole  book.  The  above  are  the 
pages  on  which  reference  is  specially 
made  to  the  question.  For  the  opin 
ions  and  expressions  of  various  indi 
viduals  on  this  matter,  the  reader  is 
referred  to  the  names  of  such  indi 
viduals.  Similarly,  all  places  men 
tioned  in  connection  with  the  resi 
dence  question  have  been  entered  in 
the  index) ; — 

powers  of,  6, 16, 17,  86,  217  ;  undue 
observance  of  ceremony  in,  2,  4,  7,  8, 
21,  127,  251  (see  also  under  Adams,  J., 
and  Titles) ;  jealousy  between  the  two 
Houses,  16,  18,  33,  36,  38,  91,  150; 
communication  between  the  Houses, 
18, 1 9;  committee  on  old  congressional 
papers,  30;  the  journals  to  be  pub 
lished  monthly,  42 ;  bribery  of  the 
members,  117,  209,  310  ;  advantage  of 
committees,  1 30 ;  salaries  of  members, 
135,  140  (see  also  Compensation  bill); 
a  chaplain  appointed  in  the  House, 
173  ;  Congressmen  speculating  in  cer 
tificates,  178,  179,  331,  332;  "should 
all  business  originate  de  novo  with 
every  session?"  178,  ISO,  182-184; 
"  deals,"  bargaining,  and  barter  in 
votes  (notably  in  the  Assumption  and 
Residence  matters),  230,  231,  234, 
269,  273,  291-295,  299,  304-306,  314, 
321,  325,  328;  a  new  building  pro 
posed  for  it,  335 ;  meets  in  Philadel 
phia  (1790),  345  ;  bill  for  altering  its 
time  of  meeting,  401. 

For  a  list  of  the  various  bills 
brought  forward  in  Congress,  see 
Bills. 

See  also  Senate. 

Connecticut,  17;  law  regarding  some  of 
its  ports,  234. 

Constable,  178,  332. 

Constitution  of  the  United  States, — on 
the  Vice-President's  position  in  the 


Senate,  2,  3 ;  on  the  powers  of  Con 
gress,  6,  16,  17,  86  ;  against  the  grant 
ing  of  titles,  28  ;  its  adoption,  75,  76, 
259,  267,  321,  411  ;  provides  for  bal 
loting  on  nominations  in  the  Senate, 
78,  80 ;  on  Federal  jurisdiction,  85 ; 
on  the  judiciary,  87 ;  on  affirmation 
in  courts,  88 ;  on  powers  of  the  Sen 
ate,  110, — (approving  power)  119  ;  on 
impeachment,  111;  to  absorb  the 
State  constitutions,  117;  on  powers 
of  the  President,  116, 120, — (appoint 
ing  and  removing)  111,  113-115  ;  war 
powers,  130  ;  amendments  before 
Congress,  134 ;  on  the  standing  army, 
227,  241,  244,  245;  on  State  rights, 
393,  394. 

Constitutionalists,  the  (political  party), 
193. 

Consuls  and  vice-consuls,  94,  257 ;  privi 
leges  of,  74  ;  bills  respecting,  337, 
368,  379  ;  salaries  of,  297 ;  eligibil 
ity  of  foreigners,  297.  See  also  Am 
bassadors  and  Ministers. 

Contee,  88. 

Continental  certificates.  See  Certifi 
cates. 

Continental  money,  funding  of,  286; 
depreciation  of,  287,  298,  330.  See 
also  Certificates. 

Cook,  Colonel,  364. 

Cook,  David,  bill  for  relief  of,  413. 

Coots,  Robert  Vaux,  379. 

Cordage,  duty  on,  53-55. 

Cotton,  duty  on,  63. 

Counterfeit  certificates,  407,  408. 

Counterfeiting  coin,  punishment  of,  86. 

Courts,  District  and  Circuit,  debate  on, 
87,  88,  104,  251. 

Courts,  Federal,  jurisdiction  of,  85-88 ; 
to  absorb  all  the  law  business,  117; 
bills  for  regulating  the  process  in, 
181.  See  also  Judiciary  bill. 

Courts  of  nisi  prius,  88. 

Coxe,  Tench,  becomes  Assistant  Treas 
urer  of  the  United  States,  255,  258, 
259 ;  on  the  Judiciary  bill,  102 ;  on 
the  residence,  292. 

Cream,  want  of,  in  New  York,  73. 


420 


INDEX. 


Creditors,  public,  memorial  from,  139, 

346,  352 ;  answer  to  the  same,  353. 
Creeks,    treaties    with    the,    132 ;    war 

with  the,  175. 
Crimes  and  punishments,  bill  on,  179, 

188,  238. 
Cromwell     originates    the    Navigation 

Act,  76. 
Curry,  407. 
Curtis,  Colonel,  347. 
Cuyler's  Hook,  40. 

Dally,  Gifford,  222. 

Dalton,  Mrs.,  59. 

Dalton,  [Tristram],  on  titles,  26  ;  on  the 
impost,  51,  53,  57,  65,  67,  71,  234; 
on  the  removing  power,  115,  116; 
treaty  with  the  Southern  Indians, 
132;  dines  with  Washington,  137; 
on  the  residence  question,  156,  158, 
161,  268,  270,  275,  281 ;  the  Rhode 
Island  bill,  264;  the  Funding  bill, 
339  ;  bids  Maclay  good-by,  413. 

"Deals"  and  bargaining  in  the  Congress, 
230,  231,  234,  269,  273,  291-295, 
299,  304-306,  314,  321,  325,  328. 

Debt,  public,  Maclay's  resolutions  on, 
200 ;  to  be  paid  with  back  lands,  224, 
249 ;  increase  of  the  national  debt, 
256,  297 ;  nominal  reduction  of,  356 ; 
bill  to  make  debts  due  to  the  United 
States  payable  in  certificates,  408 ; 
supplementary  Act  for  the  reduction 
of,  412.  See  also  State  debts  and 
Settlement  bill. 

Delany,  Sharp,  his  estimate  of  the  im 
post  for  Pennsylvania,  46,  47;  fur 
nishes  members  with  information  on 
the  revenue  of  Pennsylvania,  59,  66. 

Delaware,  Falls  of  the,  in  the  residence 
question,  75,  134,  139,  145,  146,  148, 
151,  153,  154,  157-159,  284,  292, 
294  ;  defense  of  the  Delaware  River, 
233. 

Dennis,  46. 

Departments,  establishment  of,  42  ; 
Foreign  Affairs,  89,  101,  103,  109- 
116,  118-120;  Treasury,  101,  103, 
136  ;  War,  101,  103. 


Dickenson,  General,  398 ;  warns  Maclay 
against  his  enemies,  365 ;  on  the 
Bank  bill,  372  ;  on  Hamilton's  specu 
lations,  372,  394. 

District  courts,  debate  on,  88,  251. 

District  of  Columbia  (the  "ten -mile 
square ")  decided  upon  for  the  resi 
dence  of  Congress,  378,  395,  397. 
See  also  under  Congress. 

Doctors,  compared  to  store-keepers,  149, 
150. 

"  Drawbacks."     See  under  Impost  bill. 

Dreams,  Maclay  on,  277. 

Dress.  Propriety  in  dress  commenda 
ble,  271. 

Duer,  179,  255. 

Dutch,  the,  "divided  and  factious," 
114. 

Dutch  loan.     See  Holland. 

Duties,  86.  See  also  Collection  bill, 
Impost  bill,  Tonnage  act. 

East  Indian  trade,  denounced  in  the  de 
bate  on  the  impost,  60,  61,  68,  71, 
72  ;  bill  for,  304. 

Eastern  States  and  people.  See  under 
New  England. 

Elizabethtown  Point,  70,  71. 

Ellicott,  Andrew,  32 ;  surveyor  of  the 
"triangle,"  (Erie  County),  Pa.,  123- 
125 ;  his  account  of  the  Niagara 
Falls,  190. 

Elmer,  [Jonathan],  38 ;  on  the  removing 
power,  116;  on  the  Compensation 
bill,  134;  his  character,  147,  401; 
visits  Maclay,  147,  151 ;  on  specula 
tion  in  Congress,  177 ;  part  of  his 
pay  deducted  for  non-attendance,  229  ; 
on  the  Rhode  Island  bill,  264  ;  on  the 
residence  question,  268,  269,  275, 
284,  305,  306,  311,  401. 

Elsworth,  25,  166,  320  ;  on  the  position 
of  the  Vice-President  in  the  Senate, 
3 ;  on  the  relations  between  the  two 
Houses  of  Congress,  8,  16 ;  on  the 
bill  respecting  the  oath  for  the  sup 
port  of  the  Constitution,  16-20;  on 
titles,  22-24,  29,  33,  35,  37-39 ;  on 
the  signing  of  bills  in  the  Senate,  40, 


INDEX. 


421 


45,   191;  on  the  impost,  44,  49,  52, 
57,  60,  61,  66-68,  71,  72,  89;  shall 
nominations  be  decided  upon  in  the 
Senate  by  ballot  or   viva  voce?    79, 
80 ;  on  the  Judiciary  bill,  85,  87,  89, 
91-95,  97,  99,  101-107,  152;  on  the 
removing  power,  112-114,   116;  the 
Bill  for  foreign  affairs,  118-120;  in 
the  "  Triangle  "  (Erie  County)  affair, 
120;  on  the  treaty  with  the  Southern 
Indians,  130,  132;  on  the  penal  law, 
136;  on  the  Compensation  bill,  140; 
on  the  Salary  bill,  144,  147  ;  on  the 
residence,    158,   275,   293,  308,   313, 
395;  on  "  unfinished  business,"   179, 
181-183,  185  ;  the  bill  on  crimes  and 
punishments,  179,  187,  188;  on  the 
Carolina  bill,  188  ;  Morris's  memorial, 
194;  on  the  Enumeration  bill,   195, 
197;  on  the  Naturalization  bill,  215, 
217  ;  on  the  Appropriation  bill,  222  ; 
on  the  North  Carolina  cession,  202, 
203,  226,  236  ;  a  partisan  of  Hamil 
ton,  234,  290 ;  on  the  Military  Estab 
lishment  bill,  239,  241-245,  250 ;  at 
tacks  Franklin,  246,  247;  his  obsti 
nacy,  255  ;  on  the  Rhode  Island  bill, 
259,  264,  266 ;  pay  due  to  Southern 
soldiers,  269,  270 ;  on  Steuben's  bill, 
273,   275  ;  contradicts  Adams,   278  ; 
on  the  Funding  bill,  287,  290,  291, 
298,  300,  301 ;  on  assumption,  288, 
289,  325-328;  on  State  debts,  314; 
on  the  Settlement  bill,  317,  318  ;  his  ( 
resolution  respecting  the  public  cred-  j 
itors,  353  ;  draws  up  a  bill  respecting  ' 
consuls,  368  ;  his  character,  369  ;  on  J 
the  Bank  bill,  370,  371  ;  on  the  Ex-  ' 
cise   bill,    381,    388 ;    advocates   the  j 
breaking  up  of  State  boundaries,  389  ;  ' 
on  tonnage  duties,  402, 403, 405, 406  ;  ! 
on   the    "  instruction "    of   Senators, 
399. 

Ely,  Colonel,  bill  for  pension  to,  256- 
260. 

England.     See  Great  Britain. 

English  jurisprudence,  98,  99,  107,  108  ; 
English  forms  imitated  in  America, 
187. 


Enumeration  (Census)  bill,  194,  195, 
197,  198. 

Erie  County  (the  "  Triangle  "),  123-126 ; 
purchased  from  the  Indians  by  Penn 
sylvania,  124,  126. 

Evans,  376. 

Evidence,  compulsory,  in  court,  92,  93. 

Ewing,  Parson,  355,  356. 

Excise,  resolutions  against,  376  ;  State 
deliberations  respecting,  396  ;  in  Eu 
rope,  387 ;  violation  of,  in  Pennsyl 
vania,  387. 

Excise  bill,  381-383,  385-391,  398,  399, 
401. 

Federal  courts.     See  under  Courts. 

Federal  debt.     See  Debt,  public. 

Federal  judiciary,  province  of  the,  86. 

Federal  offices  and  salaries  increased, 
400.  See  also  Offices. 

Federal  residence.    See  under  Congress. 

"  Federalist,"  The,  instrumental  in  pro 
curing  the  adoption  of  the  Constitu 
tion,  75. 

Federalists,  The,  86,  396. 

Fenno,  printer,  39. 

Few,  [William],  182  ;  on  titles,  26,  36, 
37  ;  on  the  residence,  43,  268,  274, 
275,  282,  285,  307;  on  the  impost, 
55,  57,  61,  62,  71  ;  on  the  Tonnage 
act,  79;  on  balloting  in  the  Senate, 
79  ;  on  the  removing  power,  116  ;  In 
dian  treaties,  130;  the  billon  fines, 
211  ;  on  the  Naturalization  bill,  217  ; 
on  the  Military  Establishment  bill, 
232  ;  on  pay  due  to  Southern  soldiers, 
270. 

Findley,  James,  390. 

Findley,  William,  in  Pennsylvania  poli 
tics,  212,  376  ;  his  endeavors  to  sup 
plant  Maclay,  348,  352,  358,  365,  395, 
396. 

Fines  and  forfeitures,  bill  for  the  miti 
gation  of,  211,  215,  224,  232. 

Fisher,  Meyers,  on  the  Judiciary  bill, 
78,  92,  102. 

Fisheries  of  New  England,  Jefferson's 
report  on,  384,  385. 

Fitzsimons,  Mrs.,  358. 


422 


INDEX. 


Fitzsimons,  Thomas,  84,  358;  on  the 
impost,  29,  32,  47,  48,  50,  53,  54, 
58-60,  67,  73,  84 ;  the  Company 
bill,  29  ;  on  the  residence,  136,  142, 
146,  148,  151-156,  159,  166,  190, 
267,  269,  277-280,  289,  295,  299, 
306;  speculates  in  certificates,  178; 
opposes  funding,  193;  on  the  Penn 
sylvania  governorship,  200,  254,  255, 
271,  336;  on  assumption,  202,  208, 
230,  233,  235-237,  293,  333  ;  on  "  in 
struction  "  of  Senators,  220  ;  his  bear 
ing  toward  Haclay,  225,  319,  331  ;  on 
the  Settlement  bill,  263,  318 ;  the 
Rhode  Island  bill,  264  ;  on  the  Fund 
ing  bill,  291-293,  302,  303;  on  the 
Military  Establishment  bill,  396. 

Fleet.     See  Navy. 

Foreign  Affairs,  bill  for  organizing  the 
department  of,  89,  101,  103,  109-116, 
118-120. 

Foreign  nations,  bill  for  intercourse 
with,  278,  304. 

Foreign  officers,  bill  for  paying  dues  to, 
398,  410. 

Foreigners.  See  Aliens,  Consuls,  and 
Naturalization  bill. 

Fort  George,  demolition  of,  299. 

Fort  Pitt,  152,  308. 

Foster,  [Theodore],  388. 

France,  abolishes  titles,  12,  13,  233, 
349,  350 ;  convention  with  the  United 
States,  74, 412  ;  remonstrance  against 
American  tonnage  duties  and  result 
ing  complications,  78,  380-394,  397, 
401-405,  407 ;  the  French  Revolution, 
155,  249;  National  Assembly,  349, 
379, — (eulogiums  on  Franklin)  350. 

Franklin,  [Benjamin],  155;  attacked  in 
the  Senate  in  regard  to  his  connection 
with  the  Abolition  Society,  196,  197  ; 
his  character  assailed  by  Izard  and 
Johnson,  238 ;  proceedings  of  Con 
gress  on  his  death,  246,  247  ;  eulogi 
ums  and  letter  from  the  National  As 
sembly  of  France,  350,  379,  380, 
eulogium  by  Dr.  Smith,  408. 

Freemasons  parading  in  New  York,  88. 

French  Revolution,  the,  155,  249. 


|  Friends.     See  Quakers. 

I  Funding,  advocated  by  Elsworth,  318; 
recommended  by  Hamilton,  177,  193, 
194,  199;  in  Great  Britain,  337- 
339. 

Funding  bill,  282-284,  286-294,  296- 
298,  300,  301,  304,  321,  323,  327- 
330,  333-335,  337-339,  352,  354, 
360;  consolidated  with  the  Assump 
tion  bill,  330,  333.  See  also  under 
Debt,  public. 

Gallatin,  [Albert],  390,  396. 

Genesee,  the,  in  the  residence  question, 
15. 

Genoa,  proposals  of  a  treaty  with,  1 86. 

George,  Fort.     See  under  Fort. 

Georgetown  (on  the  Potomac),  in  the 
residence  question,  294,  309. 

Georgia,  Indian  affairs  in,  124,  129,  130, 
132,  239,  240 ;  power  to  levy  tonnage 
duties,  357. 

Germantown,  in  the  residence  ques 
tion,  134,  153,  158,  159,  163,  1G5, 
168,  284,  292,  294. 

Gerry,  [Elbridge],  as  a  speaker,  228; 
on  the  Company  bill,  229  ;  on  the  im 
post,  47;  on  the  residence,  153;  on 
the  Assumption  bill,  214,  237,  288. 

Gibson,  Colonel,  126. 

Giles,  [William  Branch],  374. 

Oilman,  [Nicholas],  277. 

"Gladiators,"  Senatorial  (followers  of 
Hamilton),  210,  211,  220,  227,  234, 
235,  258,  331,  381,  398. 

Glassbrock,  Brown,  166. 

Goodhue,  [Benjamin],  on  the  residence 
question,  14,  146-148,  277. 

Gorham,  123,  126. 

Gould's  bill  of  claims,  307,  310,  314, 
317. 

Graff,  382. 

Gray,  George,  228,  230. 

Grayson,  [William],  38 ;  on  the  impost, 
55,  72 ;  on  titles,  65  ;  on  the  Tonnage 
act,  76 ;  on  the  Judiciary  bill,  85,  87, 
88,  95,  97,  99,  104,  117;  on  the  For 
eign  Affairs  bill,  116,  118;  on  the 
residence,  157,  158,  160,  164;  his 


INDEX. 


423 


ill-health,  169;  his  death,  246;  his 
successor,  248. 

Great  Britain,  its  Parliament,  7,  8,  33, 
180  ;  trade  with  the  United  States,  60  ; 
with  the  East  Indies,  61  ;  Navigation 
act,  76,  77  ;  Exchequer  Chamber,  87  ; 
expense  of  the  English  judiciary,  95  ; 
English  jurisprudence,  98,  99,  107, 
108,  187;  power  of  the  crown,  114, 
115;  the  House  of  Lords,  116,  118, 
123,  140;  importance  of  the  chief 
clerks,  119,  120;  law  concerning 
land-holders,  215;  the  Mutiny  bill 
(standing  army),  244;  its  finances,  (cir 
culating  coin)  298,  (funding  system) 
337-339,  (debt)  356  ;  war  with  Spain, 
322  ;  corruption  in,  362,  410  ;  the  ex 
cise  in,  387 ;  negotiations  with  the 
United  States,  392,  394,  402-407. 

"  Grecian  bend,"  the,  in  1790,  282,  283. 

Greene,  General,  Hamilton's  oration  on, 
100. 

Griffin,  363. 

Grout,  15. 

Gunn,  [James],  on  the  impost,  67 ;  on 
the  removing  power,  116;  on  the 
treaty  with  the  Southern  Indians,  129, 
130  ;  on  the  residence,  157,  158,  267, 
268,  272,  275,  279,  286,  304,  309, 
397;  on  the  Military  Establishment 
bill,  239,  240,  250,  251 ;  on  the  Rhode 
Island  bill,  264  ;  pay  due  to  Southern 
soldiers,  270 ;  asks  for  copies  of  the 
secret  journal,  375. 

Gurney,  348. 

Haerlem,  241. 

Hamilton,  [Alexander],  his  "Federalist" 
instrumental  in  procuring  the  adop 
tion  of  the  Constitution,  75 ;  pro 
nounces  an  oration  on  General  Greene, 
100 ;  his  position  on  the  residence 
question,  145,  178,  281,  291-295,  299, 
304-306,  329;  advocates  funding, 
177,  188,  189,  194,  200,  290,  329, 
331 ;  his  measures  benefit  the  specu 
lators  in  certificates,  ^88,  197,  J31, 
398  ;  his  report,  190,  f99,  336,— (the 
clause  on  assumption)  ^02,  226,  2j>2  ; 


attacked  by  Governor  Clarton,  194 ; 
on  assumption,  _202,  .208,  210,  211, 
126,  J37,  245,  252,  264,  291-293, 
322,  331,  334,  340,  356  ;  his  tools  and 
followers  in  Congress  (called  "Sena 
torial  gladiators"  by  Maclay),  139, 
197,  210,  211,  220,  227,  234,  235, 
258,  275,  281,  299,  302,  331,  401, 
411;  the  ''Cincinnati,"  "one  of  his 
machines,"  194,  209;  his  hired  par 
tisans,  290,  310,  409;  attacked  by 
Judge  Burke,  227;  expected  duel 
with  Burke,  230 ;  on  the  impost, 
235 ;  refuses  to  deliver  up  pub 
lic  papers,  261-263;  his  efforts  in 
behalf  of  Steuben's  bill,  266,  267, 
271,  273,  275 ;  bargains  and  negotia 
tions  :  the  residence  for  the  assump 
tion,  291-295,  299  ;  his  manner,  310  ; 
on  the  Settlement  bill,  317,  320; 
makes  a  scapegoat  of  Washington, 
329,  351,  399;  unnecessary  increase 
in  taxes  under  his  management,  334, 
376,  377  ;  report  on  a  national  bank, 
355;  the  Bank  bill,  370,  372;  the 
Excise  bill,  385,  387-389  ;  his  people 
desire  a  war,  406  ;  the  Mint  bill,  409, 
410. 

Hancock,  288. 

Hancocktown,  in  the  residence  ques 
tion,  313. 

Harmar,  General  [Josiah],  his  expedi 
tion  against  the  Indians,  350,  395. 

Harrington,  81. 

Harris,  Davy,  75,  89,  90,  128,  384. 

Harris,  John  (founder  of  Harrisburg, 
Pa.),  350,  367,  368,  384. 

Harris,  R.  (Bobby),  350,  384;  illness 
of,  200,  204-207,  238. 

Harrisburg,  236  ;  in  the  residence  ques 
tion,  88,  134;  Circuit  Court  at,  251; 
founded  by  John  Harris,  367. 

Hartley,  [Thomas],  263;  on  the  resi 
dence,  136,  142,  146,  152,  154-156, 
159,  224;  on  "unfinished  business," 
183  ;  on  the  Assumption  bill,  209, 
229,  232,  237,  295,  306,  307 ;  his  ex 
travagance,  245  ;  his  pomposity,  258 ; 
breaks  his  arm,  357,  363. 


INDEX. 


Hawkins,  [Benjamin]  (Senator  from 
North  Carolina),  314 ;  takes  his  seat 
in  the  Senate,  176;  on  speculation  in 
certificates,  179  ;  on  the  bill  respect 
ing  crimes  and  punishments,  187;  on 
the  Carolina  bill,  188 ;  pay  due  to 
Southern  soldiers,  270 ;  on  the  resi 
dence,  272,  275. 

Hazard,  [Jonathan  J.],  256  ;  speculates 
in  certificates,  178. 

Heister,  General  [Daniel],  223 ;  on  the 
residence  question,  146 ;  on  the  As 
sumption  bill,  209,  237. 

Hemp,  duty  on,  55. 

Henry,  [John]  (of  Maryland),  on  titles, 
36  ;  on  the  removing  power,  116  ;  on 
"unfinished  business,"  182,  183,  185; 
Mr.  Morris'  memorial,  194;  on  the 
Naturalization  bill,  217;  on  cabals  in 
governments,  224  ;  on  the  increase  of 
the  public  debt,  256 ;  on  the  Rhode 
Island  bill,  264 ;  pay  due  to  Southern 
soldiers,  270;  on  the  residence,  275, 
281,  305;  on  the  Funding  bill,  328; 
on  the  Excise  bill,  388 ;  on  the  Con 
stitution,  392,  393. 

Hillegas,  [Michael],  261-263. 

Holland  loan,  408,  410,  411. 

Hopkinson,  Judge  [Francis],  on  the  Ju 
diciary  bill,  100,  101,  103. 

Horses,  price  of  hire  of,  83,  84. 

House  of  Lords,  123. 

House  of  Representatives,  a  chaplain 
appointed  in,  173 ;  pay  of  the  mem 
bers,  see  Compensation  bill. 
See  also  under  Congress. 

Howell,  Reading,  151. 

Howell's  committee,  340. 

Huger,  90,  209. 

Humphreys,  Colonel  David,  at  the  Presi 
dent's  house,  41,  42,  75,  90;  a  fol 
lower  of  Hamilton,  235;  appointed 
to  the  court  of  Portugal,  396. 

Huntington,  [Benjamin],  277. 

Hutchinson,  Dr.,  390,  391. 

Immigration,  213,  217;  to  the  West, 
219;  to  Kentucky  and  Yazoo,  219. 
See  also  under  Naturalization  bill. 


Impeachment,  trial  by,  111,  112,  114, 
182. 

Impost,  86,  404  ;  bill  for  extending  the 
impost  to  North  Carolina,  191. 

Impost  bill,  29,  44-68,  71-73,  78,  81, 
83,  89,  91,  234,  235,  398  ;  discrimina 
tion  in  favor  of  nations  in  treaty,  47, 
51,  78,  89,  96,  97,— in  favor  of  Ameri 
cans,  60,  76,  77 ;  drawbacks  or  dis 
counts,  63,  66,  67,  72.  See  also  Ton 
nage  act. 

Independence  Day  in  New  York,  100, 
315,  316. 

"Independent  Gazetteer,"  the,  236. 

Indians,  378  ;  treaties  with,J4^  175,  329, 
— treaties  with  Southern  Indians,  (28J 
129, 13^— bill  for  Indian  treaties,  1 24, 
225  ;  in  Georgia,  124,  239,  240  ;  sell 
the  "  Triangle  "  (Erie  County)  to  Penn 
sylvania,  124,  126  ;  embassy  to  South 
ern  Indians,  174;  bill  for  regulating 
the  intercourse  with,  232,  314,  320, 
322,  329;  armed  by  the  Spaniards, 
240 ;  wars  with,  366,  383,  390,  409 ; 
with  the  Creeks,  175  ;  with  the  South 
ern  Indians,  240 ;  with  the  Wabash 
Indians,  349 ;  Harmar's  expedition, 
350,  395  ;  Western  war,  391 ;  war 
with  Northern  and  Northwestern  In 
dians,  406  ;  Indian  depredations,  380; 
estimate  of  lands  not  claimed  by, 
412. 

Influenza  in  New  York  city  in  1790, 
257,  265. 

Inspection  laws  of  the  States,  bill  for 
enforcing,  225-228. 

Intercourse  bill  (for  appointing  ambas 
sadors),  278,  304. 

Invalid  bill,  412. 

Inventions,  bill  for  encouragement  of, 
21,224.  See  also  Bailey. 

Irvine,  General,  298. 

Irwin,  General,  arrives  in  New  York, 
161 ;  leaves  for  Carlisle,  236  ;  a  com 
missioner  for  the  settlement  of  ac 
counts,  301 ;  on  the  residence,  314  ; 
on  assumption,  332. 

Irwin,  Matthew,  346,  365. 

Izard,  [Ralph],  201,  300,  320;  on  com- 


INDEX. 


425 


munication  between  the  Houses,  1 ; 
on  ceremony,  4,  7,  8  ;  on  the  bill  pre 
scribing  the  oath,  etc.,  16, 17,  19  ;  his 
antipathy  to  Pennsylvania  on  account 
of  its  position  in  the  slavery  question, 
20,  223 ;  on  titles,  23,  27,  37 ;  nick 
names  Adams  "  Rotundity,"  30,  65  ; 
dislikes  Adams,  30,  121 ;  on  the  im 
post,  61,57,67,  71,  72;  on  the  Tonnage 
act,  76  ;  shall  nominations  be  decided 
upon  by  ballot  or  viva  voce?  79,  81, 
127 ;  abuses  the  Quakers,  88 ;  on  the 
removing  power,  112-116;  on  the 
Foreign  Affairs  bill,  119  ;  in  the  "  Tri 
angle"  (Erie  County)  affair,  123;  on 
constitutional  amendments,  134 ;  on 
the  Compensation  bill,  135,  139,  140, 
141,  143  ;  on  the  salary  of  judges, 
157;  on  the  residence  question,  149, 
158,  160,  168,  272,  275,  282,  285, 
307-310 ;  the  answer  to  Washington's 
address  (1790),  his  work,  175;  on 
"unfinished  business,"  179,  182,  186; 
Mr.  Morris'  memorial,  1 94  ;  attacks 
the  Abolition  Society,  196  ;  on  the 
Naturalization  bill,  211;  the  North 
Carolina  Cession  bill,  226  ;  a  partisan 
of  Hamilton,  234 ;  attacks  Franklin, 
238,  247  ;  favors  a  standing  army, 
245 ;  on  the  Rhode  Island  bill,  264, 
266 ;  on  pay  due  to  Southern  soldiers, 
269,  270;  on  Steuben's  bill,  273; 
favors  assumption,  289,  323 ;  on 
Moore's  bill,  309 ;  on  the  Bank  bill, 
368  ;  on  "  instructing  "  Senators,  399 ; 
complains  of  Hamilton,  409. 

Jackson,  [James],  on  "  unfinished  busi 
ness,"  183;  on  the  residence,  268, 
292. 

Jackson,  Major  [William],  235,  357. 

Jamaica  rum,  duty  on,  49,  51. 

Jay,  Mrs.,  137. 

Jay,  [John],  gives  information  respect 
ing  Short,  78 ;  dines  with  Washing 
ton,  137,  138;  on  the  residence,  145; 
on  assumption,  230-232 ;  his  library, 
260;  France  and  the  Tonnage  act, 
405. 


Jefferson,  [Thomas],  his  place  at  the 
court  of  France  filled  by  Short,  78,  82  ; 
his  appearance  described,  272,  310; 
on  the  residence,  294,  312 ;  on  the 
Algerian  troubles,  364 ;  report  on  the 
New  England  fisheries,  384,  385 ;  in 
the  complications  with  France,  386, 
397,  398,  402,  403. 

Jersey.     See  New  Jersey. 

Johannes,  a  Portuguese  coin,  3,  19,  198, 
204. 

Johnson,  Dr.,  president  of  the  college 
(New  York),  20,  196. 

Johnson,  Sir  William,  190. 

Johnson,  Dr.  [William  S.],  268 ;  on  the 
answer  to  the  President's  speech 
(1789),  10,  22;  on  titles,  35,  38;  on 
the  impost,  65,  67 ;  on  the  Judiciary 
bill,  88,  95,  104,  105,  107;  on  the 
removing  power,  113,  116;  in  the 
"  Triangle  "  (Erie  County)  affair,  124  ; 
on  the  Foreign  Affairs  bill,  119,  120; 
on  the  Penal  bill,  137 ;  on  the  resi 
dence  question,  161,  162,  169,  238, 
247,  260,  269,  270,  272,  275,  281, 
285,  313  ;  on  the  North  Carolina  ses 
sion,  203  ;  on  the  Naturalization  bill, 
217;  pay  allowed  bim,  229;  on  the 
Rhode  Island  bill,  264;  on  pay  due 
to  Southern  soldiers,  269,  270 ;  on 
assumption,  288 ;  on  the  Excise  bill, 
390. 

Johnston,  Governor  [Samuel]  (Senator 
from  North  Carolina),  arrives  in  the 
Senate,  188 ;  on  the  Enumeration 
bill,  195;  on  the  Naturalization  bill, 
209 ;  on  pay  due  to  Southern  soldiers, 
270;  on  the  residence,  275,  281,  282, 
285,  293. 

Juniata,  the,  384. 

Judges,  increase  of,  87,  88 ;  powers  of, 
98,  99;  district  judges,  101,  102; 
salaries  of,  157. 

Judicial  committee,  25,  30,  74. 

Judicial  officers,  witnesses  and  jurymen, 
Act  for  compensating,  412. 

Judiciary,  bill  for  extending  the  judici 
ary  of  the  United  States  to  North 
Carolina,  177. 


426 


INDEX. 


Judiciary  bill,  30,  74,  78,  85-89,  91-110, 

117,  152,  251,  360. 

Judiciary,  English,  expense  of  the,  95. 
Judiciary,  Federal,  province  of  the,  86. 
July  4th.     See  Independence  Day. 
Jurisprudence,  English,  98,  99,  107, 108, 

187. 
Jury,  advantage  of  the,  96,  98 ;  duties 

of  jurors,  99  ;  trial  by,  109. 

Keale's  account  of  the  Pelew  Islands, 
207. 

Kenedy,  365. 

Kenedy,  David,  345. 

Kentucky,  378;  immigration  to,  219; 
in  conspiracy  with  the  Spaniards,  240. 

Kentucky  bill,  the,  366. 

King,  [Rufus]  (Senator  from  Massachu 
setts),  248,  268,394 ;  on  the  "Triangle" 
(Erie  County)  124  ;  on  the  Compensa 
tion  bill,  135,  139,  141;  the  Penal 
bill,  137;  on  the  residence  question, 
146,  157,  159,  161,  162,  165,  274, 
275,  307,  308,  310,  311,  313,  314, 
321;  on  the  Judiciary  bill,  152;  his 
resolution  to  secure  the  delivery  of 
the  President's  speech  in  the  Senate, 
173,  347  ;  the  answer  to  Washington's 
address  (1790),  175;  on  unfinished 
business,  180;  attacks  Franklin,  196, 
247;  on  the  Naturalization  bill,  213, 
217;  on  the  Appropriation  bill,  222; 
pay  allowed  him,  229  ;  attacked  by 
the  papers,  234  ;  a  partisan  of  Hamil 
ton,  234,  290,  411;  on  the  Military 
Establishment  bill,  239,  240,  250, 
251 ;  the  Rhode  Island  bill,  264,  266  ; 
on  pay  due  to  Southern  soldiers,  269, 
270;  Steuben's  bill,  275  ;  on  the  as 
sumption,  288,  289,  321,  322,  325, 
334 ;  the  Funding  bill,  290  ;  on  ad 
journment,  300;  his  character,  315, 
410  ;  on  the  Settlement  bill,  317;  his 
resolution  respecting  the  public  cred 
itors,  353  ;  on  the  Bank  bill,  371,  372 ; 
his  peculiar  methods  in  the  Senate, 
386  ;  on  the  Excise  bill,  388,  389  ;  on 
the  troubles  with  Great  Britain  and 
France,  392,  405. 


Kittera,  [John  W.],  369. 

Knox,  General  [Henry],  on  the  treaty 
with  the  Southern  Indians,  128-130  ; 
aiming  at  an  Indian  war,  175,  234, 
239,  240  ;  offers  a  bill  for  a  militia 
law,  241 ;  on  the  Military  Establish 
ment  bill,  243;  his  appearance,  310. 

Kuhn,  262. 

Land-office,  214,  395  ;  to  be  opened  for 
the  sale  of  Western  territory,  200  ; 
proposed  as  a  sinking-fund,  200,  290, 
301 ;  ruined  by  the  assumption,  336. 

Land-tax  favored  by  R.  Morris,  287. 

Lands,  held  by  aliens,  208,  215-218; 
speculation  in,  214  ;  Western  lands, 
218,  219,  339,  354;  lands  for  the 
Canadian  sufferers,  298;  bill  for 
grants  of  lands  to  Virginia  officers, 
337 ;  estimate  of  lands  not  claimed 
by  Indians,  412 ;  lands  granted  to 
settlers  at  Vincennes,  111.,  412. 

Lancaster  and  the  residence  question, 
134,  135. 

Lane,  365. 

Langdon,  Mrs.,  59,  137. 

Langdon,  [John]  (Senator  from  New 
Hampshire),  ill,  5,  256;  on  the  bill 
prescribing  the  oath,  etc.,  14,  17,  19 ; 
on  ceremony,  21  ;  on  titles,  24,  64; 
on  the  impost,  52-54,  67,  71,  234; 
shall  nominations  be  voted  upon  by 
ballot  or  viva  vocc?  79,  81  ;  on  the 
Tonnage  act,  97 ;  on  the  Foreign 
Affairs  bill,  112,  119;  on  the  remov 
ing  power,  116;  in  the  "Triangle" 
affair,  124;  on  constitutional  amend 
ments,  134;  dines  with  Washington, 
137;  the  friend  of  Morris,  178;  on 
"unfinished  business,"  181,  182; 
Bailey's  bill,  205 ;  on  the  Military 
Establishment  bill,  242 ;  on  the  resi 
dence,  250,  267,  268,  270,  272,  275, 
279,  285,  309,  312,  345,  346,  397, 
401 ;  on  the  Rhode  Island  bill,  264 ; 
on  pay  due  to  Southern  soldiers,  270 ; 
on  assumption,  326 ;  complains  of 
Morris'  non-attendance,  370. 

Langdon,  Woodbury,  401. 


INDEX. 


427 


Lawrence,  [John],  197,  228 ;  on  the  im 
post,  47  ;  on  the  residence,  150,  314; 
on  assumption,  237. 

Laws,  power  of  making  them  lies  with 
Congress,  16. 

Laws.  For  various  laws,  see  under 
Abolition,  Bankrupt,  Coinage,  Con 
necticut,  Inspection,  Militia,  Penal  (2), 
Revenue.  See  also  Acts. 

Lear  (Washington's  secretary),  41 ;  de 
livers  messages,  etc.,  from  the  Presi 
dent  to  the  Senate,  127,  137,  174, 
188,  190,  329,  378,  411,  413. 

Lee,  [Richard  Henry]  (Senator  from 
Virginia),  on  titles,  1,  2,  22,  23-26, 
30,  32,  33,  35,  37,  38,  65  ;  on  cere 
mony,  4,  7,  8,  21 ;  on  royal  forms,  11  ; 
on  the  bill  prescribing  the  oath,  etc., 
18,  20  ;  on  the  signing  of  bills  in  the 
Senate,  39,  45;  on  the  impost,  51, 
55-57,  60,  61,  63,  67,  68,  71,  72,  83, 
89 ;  the  "  Ishmael  of  the  House," 
59  ;  on  the  Tonnage  act,  76 ;  shall 
nominations  be  decided  upon  in  the 
Senate  by  ballot  or  viva  vocc  ?  79  ;  on 
the  Judiciary  bill,  85-87,  92,  94,  95, 
99,  105,  107,  117;  on  the  Foreign 
Affairs  bill,  113-116,  119;  on  the 
treaty  with  the  Southern  Indians, 
129,  130,  132;  on  the  Compensation 
bill,  140  ;  on  the  Residence,  158,  160, 
164,  275,  278,  281,  282,  284,  285, 
307-309  ;  on  the  Military  Establish 
ment  bill,  239,  243,  245;  on  the 
Rhode  Island  bill,  266,  267 ;  on  pay 
due  to  Southern  soldiers,  269,  27C  ; 
on  assumption,  289,  315-318,  328; 
his  character,  290  ;  on  the  Funding 
bill,  290,  291,  330 ;  on  the  Settlement 
bill,  317,  318. 

Legislatures  to  instruct  Senators,  192, 
220,  399,  400.  See  also  State  rights. 

L'Enfant,  [Peter  Charles],  32. 

Lephers,  84. 

Levees,  introduced  by  Washington,  15, 
16;  held  by  the  President,  31,  42,  67, 
74,  205,  227,  242,  255,  256,  347,  351, 
357,  364  ;  interrupt  congressional 
business,  69. 


Lewis,  78,  137,  383. 

Lighthouse  bill,  412. 

Lincoln,  General  [Benjamin],  130. 

Linn,  [William]  (chaplain),  50 ;  on  the 
residence,  153,  158,  168;  ill,  156; 
visits  Maclay,  247. 

Livermore,  Judge  [Samuel],  191. 

Livingston,  B.,  316. 

Livingston,  William  (Governor  of  New 
York),  70. 

Loans,  401;  Holland  loan,  408,  410, 
411. 

Loans,  Commissioners  of,  bill  for  com 
pensation  to,  412. 

Logan,  Dr.  George,  his  letters  and  pub 
lications  on  Pennsylvania  affairs,  204, 
212,  235,  357;  a  man  of  integrity, 
283,  356. 

Long  Island,  visited  by  Washington, 
242 ;  by  Congressmen,  247,  250. 

London,  printer,  38. 

Luper,  230. 

Luther's  Reformation,  391,  392. 

Lynn.     See  Linn. 

McClenachan,  Blair,  346,  369. 

McConnell,  broker,  346. 

McCord,  John,  bill  for  making  com 
pensation  to,  287,  288,  291,  297, 
298. 

McKnight,  Dr.,  196,  265. 

Maclay,  Samuel,  212,  213;  informs  his 
brother  William  of  efforts  made  to 
supplant  him,  346,  347,  365. 

Maclay,  William,  visits  Washington,  1, 
90,  363,— (on  levee  days),  31,  42,  74, 
75,  227,  256,  347;  on  titles,  2,  18, 
23,  24,  35,  36  ;  objects  to  royal  forms, 
10,  11;  on  the  bill  respecting  the 
oath  for  the  support  of  the  Constitu 
tion,  16-19 ;  "  dining  out," — (with  the 
French  minister,  18, — Speaker  Muh- 
lenberg,  31,  118, 191, 192,  233,  277,— 
R.  Morris,  73,  359,  367,  377,— Wash 
ington,  137,  138,  177,  206,  257,  319, 
363,  373,  374,— Otto,  192,— General 
Knox,  195, — Dr.  Johnson,  196, — Els- 
worth,  213, —  Izard,  238, —  Parker, 
252,— Chew,  346,— Powel,  352,— Par- 


428 


INDEX. 


son  Ewing,  355, — Bingham,  366, — 
Nicholson,  369,— Burd,  383,— C.  Bid- 
die,  384, — Dr.  Rushton,  407,— on 
"  club  "  or  "  mess  "  days,  with  the 
Pennsylvania  delegation,  202,  208, 
254,  259,  266,  272,  284,  293,  301, 
309,  332);  at  the  theatre,  30,  31 ;  on 
the  impost,  46,  51,  52,  54,  55,  57,  58, 
60-63,  65,  67,  78,  81,  83  ;  on  dangers 
in  the  Constitution,  75 ;  on  the  Ton 
nage  act,  76-78,  403-405 ;  favors  the 
use  of  the  ballot  in  voting  upon  nomi 
nations  sent  to  the  Senate,  78-81, 
127  ;  on  the  Judiciary  bill,  85-87, 
93,  94,  97-99,  102-110,  117,  152; 
defends  the  Quakers,  88 ;  on  the  re 
moving  power,  110-113,  116  ;  on  the 
Collection  bill,  118;  on  the  Foreign 
Affairs  bill,  119,  120;  gets  leave  of 
absence,  121 ;  returns  to  New  York, 
122;  on  the  Erie  County  affair,  125; 
incurs  Washington's  displeasure,  128, 
129,  248,  249 ;  on  the  treaty  with  the 
Southern  Indians,  128,  129;  shows 
the  advantage  of  committees,  131 ; 
on  the  Compensation  bill,  134,  135, 
139,  141 ;  favors  low  salaries  for 
Congressmen,  141 ;  his  part  in  the 
residence  question  and  in  the  ensuing 
debates,  146,  153,  160,  162-164,  190, 

191,  224,    249,    250,   267-269,   274, 
275,    278-281,    286,    294,   295,   306, 
309,  314,  341,  342,  395,  397;  is  the 
President  above  the  law  ?  167 ;  leaves 
for    Philadelphia,    169 ;    arrives    in 
New  York,  173;  his  political  ene 
mies  and  their  cabals,  174,  252,  321, 
348,   349,   351,    353,    358,    359-361, 
365-367,    375,    379,    383,    398;    on 
"unfinished  business,"  179, 180, 182- 
1 86 ;  on  the  bill  on  crimes  and  pun 
ishments,  187,  188;  writes  a  drama, 
189 ;  on  the  signing  of  bills  in  the 
Senate,   119 ;   on  State  legislatures, 

192,  193  ;  on  the  Enumeration  bill, 
195,  197;  on  the  Abolition  Society, 
196;   his  resolutions  on   the  public 
debt,  200;  the   North  Carolina  ces 
sion,  202,  203,  236 ;  on  the  Naturali 


zation  bill,  213;  on  the  bankrupt 
law,  220;  on  assumption,  228,  231, 
232,  252,  288,  289,  302,  315,  323, 
324,  32S-330,  331;  opposed  to  the 
Military  Establishment  bill,  232,  239- 
241,  243,  244;  on  consuls,  257; 
hears  a  negro  preacher,  232 ;  on  the 
Rhode  Island  bill,  259,  264,  267  ;  op 
poses  Steuben's  bill,  269,  273  ;  on 
dreams,  277  ;  opposes  the  Funding 
bill,  287,  288,  290,  293,  294,  297, 
298,  337-339,  354;  the  Intercourse 
bill,  304  ;  on  pay  due  to  Southern 
soldiers,  269,  270  ;  on  the  Settlement 
bill,  317,  318,  320;  on  banks,  355; 
opposed  to  the  Bank  bill,  364,  368, 
370,  371 ;  on  taxes,  376,  377 ;  the 
Excise  bill,  385,  387,  388;  on  the 
"  instruction  "  of  Senators,  399,  400. 

Maclure,  365. 

Macpherson,  3,  121. 

Madeira  wine,  duty  on,  53. 

Madison,  [James],  122;  labors  for  dis 
crimination  in  the  Tonnage  act,  97 ; 
on  the  residence  question,  146,  312 ; 
his  character,  150,  179;  his  political 
aspirations,  189  ;  on  the  Federal  debt, 
194,  197-202;  on  assumption,  315; 
in  the  complications  with  France, 
406. 

Maryland,  in  the  residence  question,  4, 
153,  154,  159,  160,  284,  341;  its 
commerce,  341 ;  power  to  levy  tonnage 
duties,  357. 

Massachusetts,  privileges  of  its  Legis 
lature,  5,  6 ;  considers  the  power  of 
making  a  law  to  be  with  Congress, 
17;  boundary  between  Nova  Scotia 
and  Massachusetts,  198 ;  its  debt, 
289. 

Mathers,  doorkeeper  of  the  Senate,  222, 
280. 

Matthews,  306. 

May  1st  (moving-day)  in  New  York,  251. 

Mediterranean  navigation,  committee  on, 
359. 

Mediterranean  trade,  364,  366. 

Memorials.  For  various  memorials  and 
petitions,  see  Abolition  Society,  Ad- 


IXDEX. 


429 


lum,  Barry,  Campbell,  D.,  Creditors, 
Morris,  R.,  Printers,  Quakers. 

Meredith,  Samuel,  263. 

Mifflin,  [Thomas],  in  the  contest  for  the 
governorship  of  Pennsylvania,  200, 
212,  242. 

Miles,  [Samuel],  212. 

Military  Establishment  bill,  224,  226, 
227,  232,  239-246,  248,  396. 

Militia,  called  for  by  the  Constitution, 
227,  241. 

Militia  law,  bill  for  a,  241. 

Milligan,  (auditor),  380,  407. 

Ministers  plenipotentiary,  137;  bill  for 
the  salaries  of,  257.  See  also  Am 
bassadors  and  Consuls. 

Mint,  Resolution  of  the,  409,  410,  412. 

Mississippi,  settlers  on  the,  364. 

Mitigation  [of  fines],  Bill  [for],  211, 
215,  224,  232. 

Molasses,  duty  on,  4,  32,  50,  52-55, 
65-67. 

Mollineaux,  Sir  Francis,  32. 

Monarchical  tendencies,  in  the  United 
States,  10-14,  21-25,  68,  113,  121, 
122,  131,  144,  155,  166,  167,  175, 
176,  351,  357;  ridiculed  by  Peter 
Pindar,  204.  See  also  Adams,  J., 
Ceremony,  and  Titles. 

Money,  continental,  (see  Continental); 
counterfeit,  86. 

Monroe,  [James],  on  the  resolutions 
respecting  the  public  creditors,  353 ; 
on  the  Kentucky  bill,  366;  on  the 
Bank  bill,  368. 

Montgomery,  347. 

Montgomery,  John  (of  Carlisle),  in  Penn 
sylvania  politics,  336,  369,  395;  to 
supplant  Maclay,  348 ;  desires  to  en 
ter  Congress,  396. 

Montgomery,  William,  358. 

Moore,  Stephen,  his  bill  (for  the  sale  of 
West  Point),  307,  309. 

Morocco,  408. 

Morris,  Mrs.,  59,  73,  74. 

Morris,  Gouverneur,  manages  the  nego 
tiations  with  Great  Britain,  392,  402 ; 
sells  lands  in  Europe  for  R.  Morris, 
401. 


Morris,  [Robert],  224,  358 ;  attends 
levees,  31 ;  Maclay 's  confidence  in 
him,  32, — comes  to  an  end,  183 ;  on 
titles,  35,  36,  38,  39 ;  on  the  impost, 
45-48,  51,  53,  54,  56,  57,  59,  61-68, 
71,  72,  83,  89;  shall  nominations  be 
voted  upon  by  ballot  or  viva  voce? 
78,  79,  127;  defends  Quakers,  88; 
on  the  Judiciary  bill,  92,  96,  98,  100, 
101,  103,  117,  251  ;  on  the  Tonnage 
act,  97 ;  on  the  Foreign  Affairs  bill, 
114-116,  120;  on  the  Collection  bill, 
1 18  ;  on  the  "  Triangle  "  (Erie  County) 
affair,  1 23, 1 24, 1 26 ;  on  the  treaty  with 
the  Southern  Indians,  129,  130,  133; 
his  position  in  the  residence  question, 
134,  136,  137,  139,  142,  144-149, 
151,  152,  156-166,  169,  174,  192, 
267-269,  271,  272,  274,  275,  278-284, 

286,  289,  292-295,  299,  300,  304-306, 
309,  311,  395-397,  401 ;  on  the  Com 
pensation  bill,  134-136,  139,  141 ;  on 
constitutional  amendments,  134;    on 
judges'    salaries,  157;   speculates  in 
certificates,  178,  408  ;  his  non-attend 
ance  in  the  Senate,  183,  188,  245,  366, 
370,  374,  376 ;  on  "  unfinished  busi 
ness,"  185-187  ;  his  accounts  (charges 
against  him,  and  memorial  to  Con 
gress),  188,  189,  193,   194,  200,  203, 
222,  265  ;  in  the  contest  for  the  gov 
ernorship  of  Pennsylvania,  188,  211, 
255;  on  the  Abolition  Society,  196, 
197;  on  the  Enumeration  bill,  197; 
on   the   assumption,    202,    208,   209, 
213,    302,    323,    325-329,    333-336; 
Bailey's  bill,  205  ;  on  the  Naturaliza 
tion  bill,   208,    213 ;    speculates    in 
lands,  208,  214,  216,  218,  221,  225, 
401;   in  Pennsylvania   politics,  211, 
255;  on  the  Appropriation  bill,  221, 
222;   on  the  Military  Establishment 
bill,  241,  245 ;  on  Colonel  Ely's  bill, 
260 ;  on  the  Rhode  Island  bill,  263, 
264 ;   his   character,   266 ;    favors   a 
land-tax,  287;  on  the  Funding  bill, 

287,  296,  301,   324,   332,   333,  339; 
the  "tool"  of  Hamilton,  299  ;  on  S. 
Moore's  bill,  307 ;  gives  Maclay  infor- 


430 


INDEX. 


mation  on  Pennsylvania  politics,  349, 
369  ;  memorial  of  the  public  creditors, 
352,  353  ;  on  the  Bank  bill,  370,  372- 
374;  on  the  Excise  bill,  384,  385, 
389  ;  in  the  complications  with  France 
and  Great  Britain,  394,  402  ;  shall 
Senators  be  instructed  ?  399. 

Moylan,  Colonel,  259. 

Muhlenberg,  Mrs.,  299,  300. 

Muhlenberg,  [Frederick  Augustus  Con 
rad]  (Speaker  of  the  House),  183, 
186,  333,  379 ;  on  titles,  13 ;  on  the 
impost,  46,  47,  54 ;  on  the  Judiciary 
bill,  102 ;  on  the  residence  question, 
136,  146,  149,  154,  155,  192,  233, 
235,  267,  268,  289,  306,  307;  gives 
Maclay  information  as  to  political 
cabals  in  Pennsylvania  and  New  York, 

174,  220,  346  ;  on  speculation  in  Con 
gress,  178 ;  on  the  assumption,  205, 
224,  226,   229,   230,    245,  303,   314; 
proposed    for    the    governorship   of 
Pennsylvania,  212,  242,  255,  271. 

Muhlenberg,  General  [John  Peter  Ga 
briel],  183,  283;  pays  visits,  30,  42, 

175,  185,  230 ;  on  the  impost,  46,  47 ; 
on  the   assumption,   209,   230,   237; 
proposed    for    the    governorship    of 
Pennsylvania,  212  ;  on  the  residence 
question,  306. 

Murdock,  Bob,  409. 

Muskingum,    treaty    of,     126;    Indian 

depredations  on  the,  126. 
Mutiny  bill  of  Great  Britain,  244. 

Nails  and  spikes,  duty  on,  57. 
National  bank.     See  Bank. 
Naturalization,  86. 

Naturalization  bill,  208-211,  213-218. 
Navigation.     See  Mediterranean,  Navy, 

and  Ships. 
Navigation  act,  originated  by  Cromwell, 

76. 
Navy,  proposed  formation  of  a,  76,  233, 

383. 

Nelson,  235. 
Neutrality  among  nations  a  desideratum, 

82. 
New  England,  character  of  its  people, 


5,  20,  210,  341,— (their  want  of  can- 
dor)  260;  its  debts,  230 ;  its  fisheries, 
384,  385. 

Eastern  members  of  Congress,  14 ; 
on  the  duty  on  molasses,  4,  32,  50, 
52,  53,  56 ;  on  titles,  25,  37  ;  on  the 
residence,  139,  142,  145-149,  151- 
153,  157,  158,  162,  164,  166,  269; 
on  the  Naturalization  bill,  213 ;  on 
assumption,  214. 

New  England  rum,  debate  on,  66,  72. 

New  Hampshire,  234. 

New  Jersey,  its  Senators  on  the  impost, 
73;  its  claims,  301. 

New- Year's  calls  in  1791,  363. 

New  York  City,  308;  Saint  Paul's 
Church  in,  4,  9,  100,  200  ;  its  varia 
ble  climate,  40;  the  Bowery,  43, 
321 ;  celebration  of  his  Britannic 
Majesty's  birthday,  68 ;  scarcity  of 
cream  in,  73  ;  parade  of  Free 
masons,  88;  street-paving  in  1789, 
90 ;  Independence-day  celebrations, 
100,  315,  316  ;  in  the  residence  ques 
tion,  146,  148,  149,  151,  153,  158, 
162,  165,  166,  168,  178,  192,  273, 
277,  286,  305,  309-312,  314,  316, 
320,  321,  328,  329,  340;  the  Battery, 
231,  292  ;  moving-day  (May  1st), 
251;  influenza  in,  (1790),  257,  265; 
parade  of  the  Sons  of  Tammany,  260 ; 
character  of  its  people,  315, — their 
inhospitality,  313,  314. 

New  York  State,  its  finances,  302. 

Newspapers,  Committee  on,  32,  39  ;  de 
bate  on,  64,  183;  increase  of,  382; 
their  "  lying  accounts,"  402. 

Niagara  Falls,  190. 

Nicholson,  369  ;  on  State  accounts,  199, 
212,  227,  255. 

Nominations,  shall  they  be  voted  upon 
in  the  Senate  by  ballot'  or  viva  voce  ? 
78-82, 103,  104,  110,  111;  approving 
power  given  to  the  Senate  by  the 
Constitution,  119. 

North  Carolina,  174,  175  ;  bill  for  ex 
tending  the  judiciary  of  the  United 
States  to,  177 ;  bill  for  extending  the 
impost  to,  191. 


INDEX. 


431 


Xorth  Carolina  Cession,  bill  for  gov 
ernment  of,  188,  189,  198,  202, 
203,  225,  226,  236.  See  also  Caro 
lina. 

North  Carolina  members  of  Congress 
on  the  residence  question,  161,  304; 
produce  an  act  pf  cession,  189. 

Northumberland  County,  218. 

Nourse,  [Joseph]  (register),  261,  407. 

Nova  Scotia,  boundary  between  Nova 
Scotia  and  the  United  States,  194, 
198,  223. 

Oath,  bill  respecting  the  oath  for  the 
support  of  the  Constitution,  6,  16-20; 
law  respecting  oaths,  63 ;  adminis 
tered  in  the  Senate,  64  ;  affirmation 
substituted  in  courts,  88,  89. 

O'Brien,  Captain,  4,  375,  376. 

O'Fallon,  Dr.,  378. 

Officers,  bill  for  the  relief  of  a  certain 
description  of,  246,  318,  319 ;  bill 
concerning  half -pay  and  pensions, 
256  ;  bill  for  grants  of  land  to  Vir 
ginia  officers,  337 ;  bill  for  paying 
dues  to  foreign  officers,  398,  410. 

Offices,  power  of  removal  from,  82,  97, 
103,  106,  110-112,  114;  creation  of, 
239 ;  increase  of,  297,  320,  400 ; 
presidential  patronage,  341,  362  ; 
office-seekers,  360.  See  also  Nomi 
nations  and  Salaries. 

Ogden,  352. 

Ohio  River,  bill  for  territory  south  of, 
233,  235,  238. 

Opossum,  the,  392, 

Original  casks  and  packages,  exporta 
tion  of  rum  limited  to,  73. 

Osgood,  [Samuel]  (Postmaster-General), 
363. 

Oswald,  Eleazer,  204,  230,  236,  357. 

Otis,  [Samuel  Alteyne]  (Secretary  of  the 
United  States  Senate),  inaccuracy  in 
his  minutes,  2,  22,  25,  135,  136,  143, 
144,  175  ;  the  creature  of  Adams,  64, 
181,  207  ;  his  roguery  and  want  of 
integrity,  135,  136,  143,  144,  176, 
196;  not  reliable,  187;  his  untruth- 
fulness,  380-382. 


Otto,  charge  d'affaires  of  France,  192. 
Oxen,  mode  of  killing,  247. 

Page,  Mrs.,  257. 

Paper  manufacture  in  Pennsylvania,  62. 

Pardons,  President's  power  of  granting, 

187. 

Parker,  of  Virginia,  251,  252. 
Parliament,   ceremonies  in,  7,   8  ;  pro 
rogation  of,  180. 
Paton,  242. 

Paterson,  [William],  of  New  Jersey, 
300 ;  on  the  answer  to  the  President's 
address  (1789),  10,  14,  20,  22,  45,— 
(1790)  175;  on  titles,  24,  35,  226; 
on  the  Judiciary  bill,  92,  94,  95,  101, 
104;  on  the  removing  power,  115, 
116  ;  on  the  Foreign  Affairs  bill,  115- 
117,  120;  on  "unfinished  business," 
186;  on  the  Enumeration  bill,  195; 
a  partisan  of  Hamilton,  211,  234, 
290  ;  on  the  Naturalization  bill,  217  ; 
on  the  residence,  268,  269,  273,  275, 
281 ;  on  assumption,  289 ;  on  the 
Funding  bill,  290,  297. 
Patronage,  presidential,  341,  362.  Sec 

also  Offices. 

Patterson.     See  Paterson. 
Pelew  Islands,  Keale's  account  of,  207. 
Pembertons,  the,  341. 
Penal  Federal  laws,  committee  on,  32. 
Penal   law    [bill],    136,  137.     See   also 

Crimes. 

Pennsylvania,  in  the  residence  question, 
15,  86,  135,  136,  145,  146,  163,  224, 
231,  291,  294,  295,  305,  306,  312;  its 
government,  49 ;  its  manufactures, 
importations,  etc.  (debate  on  the  im 
post),  54-56,  61,  62,  66  ;  character  of 
its  people,  86  ;  in  favor  of  a  chan 
cery?  95,  96;  the  "Triangle"  (Erie 
County),  123-125, — purchased  from 
the  Indians,  124,  126  ;  treaty  with  the 
Indians,  132;  its  funding  law,  193; 
the  land-office,  207 ;  in  the  assump 
tion  question,  208,  228,  229,  234; 
encourages  immigration,  210,  211, 
215-219  ;  proposals  for  the  govern 
orship,  192,  212,  242,  254,  255,  271, 


432 


INDEX. 


352;  its  debts,  213,  227,  255,  289, 
326,  333,  335 ;  its  finances,  225,  255, 
264,  300-303  ;  its  Constitution  op 
posed  to  a  standing  army,  244-246 ; 
funding  of  certificates  in,  296 ;  inde 
pendent  spirit  of  its  yeomanry,  376 ; 
violation  of  the  excise  law  in,  387. 

Pennsylvania  members  of  Congress 
visit  Washington,  4,  42 ;  on  the  resi 
dence  question,  4,  136,  139,  142,  145- 
147,  152-155,  159,  160-162,  166;  on 
the  impost,  65,  66,  73 ;  their  weekly 
dinners  (mess  or  club  days),  202,  208, 
254,  259,  266,  272,  284,  293,  301,  309, 
332;  caricatured,  315. 

Pensions,  bills  for,  256,  329,  412.  See 
also  Ely,  Officers. 

Peters,  on  the  Judiciary  bill,  102. 

Petitions.  For  various  memorials  and 
petitions,  see  Abolition  Society,  Ad- 
lum,  Barry,  Campbell,  D.,  Creditors, 
Morris,  R.,  Quakers. 

Pettit,  [Charles],  presents  a  memorial 
from  the  public  creditors,  139 ;  on 
the  public  debt,  326,  327 ;  his  desire 
to  supplant  Maclay,  346. 

Philadelphia,  308;  its  trade,  47,  66, 
102,  341 ;  in  the  residence  question, 
142,  147,  148,  154,  159,  161,  162, 
165,  168,  224,  230,  231,  234,  265, 
267,  270-272,  274,  277-279,  281,  283, 
285,  286,  292,  294,  305-307,  310-312, 
321,  328,  340,  341,  373  ;  its  public 
creditors,  249 ;  the  Circuit  Court  in, 
251;  an  unsociable  city,  340;  Con 
gress  meets  there  (1790),  345;  New- 
Year's  calls  in  1791,  363. 

Phils,  102. 

Pindar,  Peter,  pseudonym  of  Wolcott, 
John. 

Pitt,  338. 

Pitt,  Fort.     See  under  Fort. 

Planters,  Southern,  341. 

Politics,  avarice  and  ambition  in,  a  fault 
in  all  popular  governments,  365. 

Polnitz,  Baron,  48,  49. 

Port  St.  Vincennes,  or  Vincent  (on  the 
Wabash),  355,  359. 

Porter,  duty  on,  91. 


Portland,  N.  H.,  308. 

Post-Office  bill  (bill  for  the  establishment 
of  the  post-office),  302,  307-309,  314, 
315,  317,  322,412. 

Potomac,  the,  in  the  residence  question, 
15,  136,  142,  148-150,  159,  161,  162, 
164,  165,  190,  224,  244,  273,  284, 
285,  294,  299,  305,  307,  312-314, 
373,  396,  401. 

Powel,  346,  352. 

Power,  centralization  of,  116,  230,  250, 
264,  333,  393,  394.  See  also  State 
rights. 

President  of  the  United  States,  the 
question  of  a  title  for,  18,  24-29,  31- 
38  ;  his  importance,  17, 19  ;  his  salary, 
48 ;  his  powers  under  the  Constitu 
tion,  82,  103,  106,  109-116,  120;  his 
removing  power,  82,  113,  116;  at 
tempts  to  exalt  his  position,  104,  112, 
113  ;  invested  with  royal  rights,  167  ; 
is  he  subject  to  law?  167;  has  no 
proroguing  power,  180  ;  his  power  of 
granting  pardons,  187.  See  also 
Vice-President,  and  Washington,  G. 

Prevost,  Bishop,  213. 

Price  on  Annuities,  370. 

Princeton,  283. 

Printers,  petitions  from,  39. 

Prisoners,  resolve  for  the  safe-keeping 
of,  412. 

Progress  bill,  248. 

Property-holding.     See  Lands. 

Protective  duties,  54-58,  60-62,  67,  68, 
71,  73,  76,  77,  97.  See  also  Impost, 
Navigation  act,  Tonnage  Act. 

Provost,  Dr.,  4. 

Public  creditors.     Sec  Creditors. 

Public  debt.     See  Debt. 

Putnam,  Rufus,  227. 

Quakers,  substitute  affirmation  for  the 
oath    in  court,  88  ;    present  a  memo 
rial  for  the  abolition  of  slavery,  196, 
221-223;  their  unsociability,  340,  341; 
Judge  Burke  rails  against  them,  357. 

Read,  [George],  of  Delaware,  8 ;  on 
titles,  11,  26,  39  ;  on  the  Judiciary 


INDEX. 


433 


bill,  93-96,  98,  101,  103,  104,  106, 
117;  on  powers  of  the  President, 
115,  116;  on  the  residence,  157,  158, 
275,  279,  282,  292,  293,  306,  401  ; 
on  assumption,  210,  292,  293,322; 
on  the  Naturalization  bill,  217;  on 
the  Rhode  Island  bill,  i:64;  on  pay 
due  to  Southern  soldiers,  270. 

Reading  in  the  residence  question,  134. 

Reed,  James,  126. 

Rees,  Daniel,  335,  379. 

Removing  power  of  the  President,  82, 
113,  116. 

Remsen,  George,  376,  407. 

Representatives,  pay  of.  &cc  Compensa 
tion  bill. 

Representatives,  Ilouse  of.     See  House. 

Republicans,  193. 

Residence  bill,  the,  152,  279,  310-319, 
322,  329,  333,  340,  395.  See  also 
under  Congress. 

Resolutions.  For  various  resolutions 
passed  by  or  offered  to  Congress,  see 
Butler,  Mint,  Prisoners,  Soldiers. 

Revenue  law,  bill  for  suspending  part 
of,  234. 

Revolution,  The,  mixed  motives  of  the 
principal  actors  in,  10,  12. 

Rheumatism,  cures  for,  103,  380. 

Rhode  Island,  act  appointing  a  conven 
tion,  188  ;  Senate  committee  on,  250, 
251,  256,  257,— (its  resolutions)  258, 
259;  Rhode  Island  resolves,  258, 
259  ;  the  Rhode  Island  bill,  263,  264, 
266,  267,  286,  308,  357 ;  its  Senators 
in  the  residence  question,  308  ;  Rhode 
Island  Enumeration  (Census)  bill,  313; 
its  power  to  levy  tonnage  duties,  357. 

Richardson,  203,  204. 

Ricketts,  Mrs.,  in  the  residence  business, 
70. 

Ridley,  89,  90. 

Rienzi,  his  fall  referred  to  by  Maclay  in 
the  debate  on  titles,  34,  37. 

Roads  and  inland  communications,  So 
ciety  for  promoting  the  improvement 
of,  384. 

Rodgers,  Dr.,  149. 

Rodgers,  Rev.  Dr.,  194. 
28 


Rowle,  351,  379,  383. 

Royalty  ridiculed  by  Peter  Pindar,  204. 
See  also  Monarchical  tendencies. 

Rum,  duty  on,  49,  51,  63,  66,  72;  its 
exportation  limited  to  original  casks 
and  packages,  73. 

Rush,  Dr.  [Benjamin],  346  ;  supports 
John  Adams,  86  ;  letters  to  Maclay  on 
political  subjects,  212,  225, — (State 
debts),  251,— (the  residence)  286,  299. 

Rushton,  Dr.,  189,  191,  407. 

Ryerson,  212-215,  384. 

St.  Clair,  Gen.  [Arthur],  collects  ex 
pressions  of  opinion  on  the  Presi 
dent's  course  in  instituting  levee 
days,  15,  16;  visits  Maclay,  59,  121  ; 
his  talkativeness,  118  ;  "  dining  out," 
118,  377  ;  in  the  "  Triangle  "  question, 
124;  his  salary  as  Governor  of  the 
Western  Territory,  150;  in  the  resi 
dence  question,  150,  152,  158;  pro 
posed  for  the  governorship  of  Penn 
sylvania,  212  ;  troubled  with  rheuma 
tism,  380. 

Saint  Mary's  River,  132. 

Saint  Paul's  Church  (New  York  city), 
the  President  and  Congress  at,  4,  9 ; 
a  college  commencement  in,  20 ;  In 
dependence-day  celebrations  in,  100, 
316. 

Salaries,  of  the  President  and  Vice- 
President,  48 ;  Washington  favors 
large  salaries,  74 ;  of  Senators  and 
Representatives  (Compensation  bill), 
134-136,  139-141,  331  ;  of  Treasury 
officers,  augmented,  144 ;  of  the  Gov 
ernor  of  the  Western  Territory,  150; 
of  judges,  157  ;  bill  to  give  additional 
salaries  to  clerks,  211,  226;  of  am 
bassadors,  increased,  254,  304 ;  of 
ministers  plenipotentiary,  charges 
d'affaires,  etc.,  257 ;  bill  for  giving 
salaries  to  consuls,  297;  bill  for  aug 
menting  salaries  of  Federal  officers, 
400  ;  bill  for  compensation  to  com 
missioners  of  loans,  412;  act  for 
granting  compensation  to  judicial 
officers,  412. 


434 


INDEX. 


Salary  bill,  144,  145,  147;  for  execu 
tive  officers,  412.  See  also  Salaries, 
above. 

Salt,  duty  on,  57,  59,  73. 

Sand  used  instead  of  blotting-paper, 
327. 

"  School  for  Scandal  "  an  "  indecent 
representation,"  31. 

Schuyler,  [Philip  John],  166;  on  the 
Foreign  Affairs  bill,  116  ;  in  the  u  Tri 
angle"  (Erie  County)  matter,  124; 
on  the  Compensation  bill,  142 ;  on 
the  residence,  161,  162,  272,  275, 
293,  308,  310,  397,  401 ;  monarchical 
tendencies,  167  ;  on  u  unfinished  busi 
ness,"  182 ;  on  the  Appropriation 
bill,  221 ;  his  pay,  229 ;  a  partisan 
of  Hamilton,  234;  on  the  Military 
Establishment  bill,  239  ;  on  the 
Rhode  Island  bill,  264 ;  on  pay  due  to 
Southern  soldiers,  270  ;  on  the  Fund 
ing  bill,  300,  352  ;  on  the  Settlement 
bill,  318;  on  assumption,  334;  on 
the  Bank  bill,  370 ;  his  bill  making 
debts  due  to  the  United  States  pay 
able  in  certificates,  etc.,  408. 

Scott,  37,  40,  230 ;  on  the  impost,  47 ; 
on  the  residence,  41,  136,  137,  145- 
148,  156,  166,  190,  306,  315;  his 
private  character,  200,  201 ;  on  as 
sumption,  208,  229 ;  on  the  public 
debt,  194,  196,  212,  223. 

Seamen,  bill  for  the  regulation  of,  313. 

Secretary  of  War,  the  appointment  of, 
an  error,  227,  239. 

Scdgwick,  [Theodore],  influenced  by 
Hamilton,  197,  331;  on  the  assump 
tion,  237. 

Senate,  United  States,  the  Vice-Presi 
dent  as  President  of  the  Senate,  3, 
64 ;  its  "  dignity  and  pre-eminence," 
16  ;  the  question  of  appointing  a 
Sergeant-at-Arms,  30-32 ;  classing  the 
Senators  into  three  divisions,  each 
serving  two  years,  32,  33,  38,  189; 
shall  nominations  be  voted  upon  by 
ballot  or  viva  voce?  78-81,  123,  127; 
"vile  politics"  in,  91  ;  its  power 
lessened,  103;  its  powers,  110-112, 


118-120, — (approving  power)  119, 
120,  399,  400;  cabals  and  intrigues 
among  the  members,  114,  224,  309, 
312,337,341,  387;  attempts  to  destroy 
it,  116;  bribery  of  the  members, 
117,  209,  310;  Washington  attempts 
to  subjugate  it,  122,  130;  "deals" 
and  bargaining  in  the  Senate  (notably 
in  the  assumption  and  residence  mat 
ters),  230,  231,  269,  273,  291-295, 
299,  304-306,  314,  321,  325,  328  ;  its 
doors  to  be  opened,  251,  371,  399- 
401  ;  bills  rushed  through  at  the 
close  of  the  session,  409,  412.  See 
afso  Congress  and  Senators. 

"  Senatorial  gladiators  "  (partisans  of 
Hamilton),  210,  211,  220,  227,  234, 
235,  258,  331,  381,  398. 

Senators,  shall  they  be  styled  "  honor 
able  "  ?  64,  65,  225,  226 ;  salaries  of, 
143,  331  (see  also  Compensation  bill) ; 
committee  appointed  to  settle  their 
pay,  228  ;  pay  and  mileage  of,  229  ; 
"instruction"  of,  by  State  Legisla 
tures,  192,  193,  220,  399,  400.  See 
also  under  Senate. 

Scney,  [Joshua]  (of  Maryland),  on  the 
residence,  88,  152,  154. 

Settlement  bill  [bill  for  the  settlement 
of  accounts],  313,  315,  317-321,  340. 
See  also  State  debts. 

Settlers,  on  the  Wabash  and  the  Missis 
sippi,  364  ;  at  Viucennes,  111.,  act  for 
granting  lands  to,  412.  Sec  also  Im 
migration. 

Shays'  insurrection,  214,  215. 

Sherman,  [Roger],  on  "  unfinished  busi 
ness,"  183;  on  assumption,  236. 
i  Shippen,  383. 

Ships  and  shipping,  76-78  ;  tonnage  du- 
|       tics,  78,  403,  404.      See  also    Navy, 

and  Tonnage  Act. 
'  Short,  [William],  succeeds  Jefferson  at 

the  court  of  France,  78,  80-82. 
,  Simons,  202,  208. 

;  Slavery,  Abolition  Society's  petitions 
and  memorials,  196;  Quaker  memo 
rial  for  the  abolition  of,  221-223; 
abolition  laws,  382. 


INDEX. 


435 


Smilie,  [John],  his  opposition  to  Maclay, 
352,  358,  365,  369;  political  aspira 
tions,  394,  396. 

Smith,  dines  with  Washington,  137,  138. 

Smith,  Colonel,  348. 

Smith,  Dr.,  384 ;  his  eulogium  on  Frank 
lin,  408. 

Smith,  Mrs.,  257. 

Smith,  Charles,  377. 

Smith,  T.,  369. 

Smith,  [William]  (of  Maryland),  197; 
on  the  residence,  142,  152,  154. 

Smith,  [William  Loughton]  (of  South 
Carolina),  on  the  assumption,  229. 

Society  for  promoting  the  improvement 
of  roads  and  inland  communications, 
384. 

Soldiers,  pay  of.  Resolutions  relative  to 
arrears  due  the  Virginia,  North  Caro 
lina,  and  South  Carolina  troops,  269, 
270.  See  also  Pensions  and  Steuben. 

Sons  of  St.  Tammany  parading,  260. 

South  Carolina,  and  the  impost,  71-73  ; 
salary  of  its  Senators,  135  ;  its  debts, 
289,  320. 

Southern  planters,  341. 

Spain,  Kentucky  in  conspiracy  with, 
240  ;  arms  the  Indians,  240 ;  war  with 
England,  322. 

Speaker  of  the  House  of  Representa 
tives,  shall  he  be  styled  "  honor 
able  "  ?  2. 

Standing  army.     See  Army. 

State  courts,  87,  88.     See  also  Courts. 

State  debts,  bill  for  the  assumption  of, 
and  debates  on  the  same,  202,  205, 
208-211,  213,  214,  224,  226-232, 
234,  236,  237,  245,  246,  250-252, 
256,  264,  288,  289,  291-294,  301,  302, 
314-319,  321-336.  See  also  Debt, 
public,  and  Settlement  bill. 

State  inspection  laws,  bill  for  extending 
effect  of,  225-227 ;  signed,  228. 

State  Legislatures  to  instruct  Senators, 
192,  193,  399,  400. 

State  rights,  220,  390,  393,  394 ;  anni 
hilation  of  State  governments  and 
Legislatures,  117,  232,  236,  320,  389, 
390,  394 ;  obliteration  of  State  bound 


aries,  389,  399.  See  also  Centraliza 
tion  of  power. 

Steel,  duty  on,  57. 

Sterret,  201. 

Steuben,  Baron,  his  bill,  256,  261,  265, 
266,  269,  271-276,  283. 

Stone,  Henry,  247. 

Strong,  [Caleb],  of  Massachusetts,  181, 
268,  364,  365  ;  on  New  England  char 
acter,  5;  on  titles,  26,  45,  173;  on 
the  impost,  51,  52,  65 ;  on  Washing 
ton's  expected  resignation,  85 ;  on 
the  Judiciary  bill,  93-95,  98,  99,  101, 
104  ;  on  the  powers  of  the  President, 
113,  114,  116  ;  the  bill  on  crimes  and 
punishments,  187,  188;  on  the  sign 
ing  of  bills  in  the  Senate,  191 ;  on 
the  North  Carolina  Session  act,  202, 
203  ;  on  the  Naturalization  bill,  217  ; 
a  partisan  of  Hamilton,  234;  on  the 
Rhode  Island  bill,  264,  266 ;  on  the 
pay  of  soldiers,  270 ;  on  the  residence, 
275  ;  on  the  Post-Office  bill,  308  ;  on 
the  Settlement  bill,  317;  on  the  Bank 
bill,  371 ;  on  the  Excise  bill,  388. 

Sturges,  [Jonathan],  on  the  residence 
question,  14,  41. 

Sugar,  duty  on,  53,  56,  57,  67. 

Suits  in  equity,  95.     Sec  Judiciary  bill. 

Sunbury,  345. 

Supreme  Court,  its  power  under  the 
Constitution,  87.  See  also  Courts. 

Susquehanna,  the,  384  ;  in  the  residence 
question,  15,  136,  139,  147-149,  152- 
166,  174,  192,  193,  203,  284,  291, 
292,  341,  342 ;  the  Susquehanna  bill, 
157,  158,  165. 

Swanwick,  407. 

Tammany.     See  Sons. 

Tariff.  See  Impost  bill,  Protective 
duties,  arid  Tonnage  Act. 

Taxes,  collection  of,  86 ;  land-tax  fa 
vored  by  Morris,  287 ;  the  right  of 
imposing  them,  296,  320 ;  increase  of, 
297,  334,  366,  376,  377;  tonnage  a 
tax,  404.  See  also  Excise  bill. 

Tea,  duty  on,  46,  60,  61,  67;  bill  for 
collecting  the  duty,  413. 


436 


INDEX. 


"  Ten-mile  square,"  for  the  residence, 
397 ;  to  be  laid  near  Philadelphia, 
165;  half  of  it  to  be  in  Virginia, 
378,  395.  See  also  under  Congress. 

Thatcher,  on  the  residence,  15  ;  on  "  un 
finished  business,"  183. 

Thomas,  Joseph,  260. 

Thomson,  General,  298. 

Thomson,  Charles,  25  ;  treated  with 
neglect,  7,  8 ;  on  the  power  of  the 
President,  106  ;  in  Pennsylvania  poli 
tics,  192,  346. 

Tilfair  (of  Georgia),  suicide  of,  299. 

Titles,  the  question  of,  debated  in  the 
Senate,  1,  2,  13,  14,  22-29,  31-38, 
50,  51,— (the  Title  Committee,  1,  22- 
24,  33,— title  of  the  Speaker,  2,— of 
the  President,  18,  24-29,  31-38,— of 
the  Vice-President,  38,  64, — of  the 
Senators,  64,  65,  225,  226) ;  abolished 
in  France,  12,  13,  233,  350.  See  also 
Monarchical  tendencies. 

Todd,  380. 

Tonnage  act  (Tonnage  bill),  76-78,  89, 
91,  94,  310,  321,  357  ;  discrimination 
in  favor  of  nations  in  treaty,  78,  91, 
96,  97,  263,  380,  381,  392,  394,  403, 
404.  See  also  Impost  bill. 

Tracy,  his  memorial  praying  for  a  bank 
rupt  law,  220. 

Trade.  See  Coasting,  East  Indian,  and 
Mediterranean. 

Treasury  Department,  bill  for  a,  101, 
103,  136. 

Treat,  Dr.,  149. 

Treaties  of  the  United  States,  the  Con 
stitution  on,  75,  85  ;  with  the  Indians, 
74;  bill  for  Indian  treaties,  124; 
with  Southern  Indians,  128-132,  174, 
175;  the  French  Convention,  74, 
412;  commercial  treaty  with  France, 
78 ;  with  Genoa,  proposal  of,  186 ; 
with  Great  Britain,  Jefferson's  reso 
lutions  on,  402-404. 

Trenton  in  the  residence  question,  137, 
267,  269,  284,  286. 

Trial  by  battle,  ancient,  94. 

Trial  by  impeachment,  111,  112,  114, 
187. 


"Triangle,"    the,    (Erie    County,   Pa.), 

123-126. 
Truxton,  71. 

Tucker,  on  assumption,  210,  211. 
Tulpachocking  Canal,  192. 
Twine,  duty  on,  55. 
Twining,  N.,  bill  for  remitting  fines  to, 

298-301,  305,  307. 

Union,  the,  in  danger,  220,  222,  313, 
329. 

United  States,  trade  with  Great  Britain, 
60 ;  treaties  with  the  Indians,  74, 
124,  128-132, 174, 175  ;  treaties  with 
France,  74,  78,  412  ;  remonstrance  of 
France  against  American  tonnage 
duties,  and  resulting  complications, 
78,  380-394,  397,  401-405,  407; 
proposed  treaty  with  Genoa,  186; 
boundary  between  the  United  States 
and  Nova  Scotia,  194,  198,  223; 
troubles  with  Algiers,  359,  364,  366, 
375,  376,  383,  390,  406-408  ;  negotia 
tions  with  Great  Britain,  392,  394, 
402-407. 

See  also,  especially,  Acts,  Bills,  Cen 
tralization,  Certificates,  Congress, 
Constitution,  Continental  money, 
Courts,  Debt,  Departments,  Indians, 
Lands,  Laws,  Loans,  Monarchical 
tendencies,  Navy,  President,  Resolu 
tions,  Salaries,  Senate,  Settlers,  Ships, 
Slavery,  State  rights,  Trade,  Vice- 
President. 

Useful  arts,  bill  for  the  progress  of, 
226,  232. 

Van  Berkel.     See  Berkel. 

Vice-President  of  the  United  States,  his 
title,  38,  64  ;  as  President  of  the  Sen 
ate,  2,  3,  40,  45,  64;  how  shall  he 
Bign  bills?  39,  40,  45,  49,  191,  224  ; 
his  salary,  48.  Sec  also  Adams,  J., 
and  President. 

Vincennes,  111.,  act  for  granting  lands 
to  settlers  at,  412. 

Vining  (of  Delaware),  the  tool  of  Ham 
ilton,  in  the  assumption  question,  208, 
209,  235. 


INDEX. 


437 


Virginia,  341  ;  Virginia  members  of 
Congress  on  the  residence  question, 
15,  142,  145,  147,  158,  161,  179, 
284;  to  have  half  of  the  "ten-mile 
square,"  378,  395  ;  its  debts,  214. 

Viva  Voce  voting  in  the  Senate.  See 
Ballot. 

Votes  bought  in  Congress,  231.  See 
also  Bribery  and  "  Deals." 

Wabash,  settlers  on  the,  364. 

Wabash  and  Illinois  donation,  366. 

W abash  Indians,  war  with,  349. 

Wads  worth,  [Jeremiah],  speculates  in 
certificates,  179,  332;  on  assumption, 
237. 

Walker,  [John]  (of  Virginia),  300;  elect 
ed  in  place  of  Grayson,  248 ;  describes 
Washington's  farm,  252  ;  on  the  resi 
dence  question,  273,  275,  305,  309, 
311,  312;  on  the  Rhode  Island  bill, 
264  ;  on  pay  due  to  Southern  soldiers, 
270;  on  assumption,  325. 

Wallace,  100. 

Wallis,  377. 

Walpole,  123. 

War  Department,  bill  for  the  establish 
ment  of,  101,  103  ;  the  appointment 
of  the  Secretary  of  War  an  error, 
175,  227,  239. 

Wars,  between  Spain  and  England,  322  ; 
with  the  Indians,  349,  350,  366,  383, 
391,  395 ;  war  an  object  with  Hamil 
ton's  people,  406,  407. 

Wartons,  the,  341. 

Washington,  George,  takes  the  oath  of 
office,  2-4,  8,  9  ;  visits  members  of 
Congress,  4,  5;  his  "amiable  deport 
ment,"  7  ;  addresses  Congress  (1789), 
9, 13,  14,— (1790),  174,  348  ;  his  man 
ner  of  reading,  9 ;  the  style  of  his 
address,  10,  11;  the  answer  of  Con 
gress  to  his  address  (1789),  13,  20- 
22,  39,  41,  42,— (1790),  175,  176,  349, 
350;  institutes  levee  days,  15;  holds 
levees,  31,  42,  67,  69,  74,  205,  227, 
242,  255,  256,  347,  351,  357,  364;  at 
the  theatre,  30 ;  gives  dinners,  59, 
137,  138,  177,  206,  257,  319,  374; 


favors  large  salaries,  74 ;  monarchi 
cal  tendencies  of  his  followers,  82, 
123,  351,  357;  his  expected  resigna 
tion,  85,  341 ;  popular  veneration  of 
him  taken  advantage  of,  to  increase 
his  power,  104,  112  (see  aho  wider 
President) ;  courts  the  House  of  Rep 
resentatives  in  order  to  exalt  his  pre 
rogatives,  122  ;  attempts  to  subjugate 
the  Senate,  122,  131;  visits  the  Sen 
ate  with  propositions  respecting  In 
dian  treaties,  128-132 ;  his  habits, 
138;  his  house  repaired  at  public  ex 
pense,  166;  slights  Maclay,  248,  249. 
255;  his  farm,  252,  253;  his  life 
despaired  of,  265;  in  the  residence 
question,  312,  328,  329,  378,  397,  401  ; 
at  St.  Paul's,  316  ;  as  a  scapegoat  for 
Hamilton,  etc.,  329,  351,  399;  his 
character,  349  ;  excessive  adulation  of, 
357;  his  personal  appearance,  375; 
proclamation  and  message  on  the 
"  ten-mile  square,"  378  ;  his  "  crook 
ed  policy "  in  the  negotiation  with 
Great  Britain  and  France,  392-294; 
aided  by  French  interference  in  the 
Revolution,  404. 

Washington,  Mrs.,  59,  74,  137,  138, 
319. 

Wayne,  Gen.  Anthony,  240. 

Ways  and  Means,  Maclay  on,  376,  377 ; 
bill  for,  300,  337. 

West  Point,  purchase  of,  307,  309. 

Western  people  charged  with  conspiracy, 
240. 

Western  lands,  for  sale,  199,  200 ;  debts 
to  be  paid  with,  249 ;  as  a  sinking- 
fund,  339,  354. 

Western  settlers,  219,  223. 

Western  territory,  rejection  of,  249. 

White,  [Alexander]  (of  Virginia),  37  ; 
on  the  residence,  75  ;  on  "  unfinished 
business,"  183,  184. 

White,  Mrs.,  257. 

Williams  (of  Baltimore)  prepares  a 
Collection  bill,  44,  45,  47. 

Williamson,  Dr.  [Hugh]  (of  North 
Carolina),  331  ;  on  assumption,  224, 
252. 


438 


INDEX. 


Willing  and  Morris,  unsettled  accounts 
of,  193. 

Willing,  Thomas,  eulogizes  Hamilton, 
188. 

Wilmington  in  the  residence  question, 
286. 

Wilson,  Judge  (of  Pennsylvania),  100, 
211;  on  the  Judiciary  bill,  102; 
nominated  for  Chief- Justice,  188 ; 
dines  with  the  Pennsylvanians,  254, 
377;  in  Pennsylvania  politics,  255, 
337. 

Wine  (Madeira),  duty  on,  53. 

Wingate,  [Paine]  (of  New  Hampshire), 
398  ;  on  the  residence,  14,  156, 
157,  275,  311,  314;  on  the  bill  pre 
scribing  the  oath,  etc.,  21 ;  on  the 
impost,  51 ;  on  the  powers  of  the 
President,  115, 116 ;  on  the  Judiciary 
bill,  117;  on  the  treaty  with  the 
Southern  Indians,  132;  on  the  Com 
pensation  bill,  134;  on  "unfinished 
business,"  181 ;  on  the  Military  Es 
tablishment  bill,<242,  245;  on  Ely's 
bill,  260;  on  the  Rhode  Island  bill, 


264  ;  on  pay  due  to  Southern  soldiers, 
270. 

Wolcott,  John  (Peter  Pindar],  attacks 
royalty,  204. 

Wright's  Ferry,  134. 

Writs,  bill  for  the  progress  of,  225. 

Wyngate.     See  Wingate. 

Wynkoop,  Henry,  198  ;  nicknamed 
"  His  Highness  of  the  Lower  House," 
33  ;  his  views  on  government,  49,  50 ; 
arrives  in  New  York,  89  ;  on  the  resi 
dence,  146-148,  152-157,  166,  168, 
174,  190,  283,  286,  291-293;  on  as 
sumption,  227,  228,  245,  251  ;  on  the 
Military  Establishment  bill,  247,  248. 

Wynkoop,  Mrs.,  227. 

Yazoo,  the,  378;  immigration  to,  219. 

Yeomus,  Va.,  234. 

Yorktown,  in   the    residence   question, 

134,  136;  District  and  Circuit  Court 

at,  251. 
Young,  Charles,  407. 

Zantzinger,  Adam,  236,  250. 


THE    END. 


COMPLETE   IN   SIX  VOLUMES,  OCTAVO. 


HISTORY    OF    THE 

UNITED    STATES, 

FROM  THE  DISCOVERY  OF  THE  CONTINENT  TO  THE  ESTABLISHMENT 
OF  THE  CONSTITUTION  IN  17S9. 

By  GEORGE    BANCROFT. 

The  Author's  last  revision.  Complete  in  six  volumes,  8vo, 
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[SEE    NEXT   PAGE.] 


New  Revised  Edition  of  Bancroft's  History  of  tie  United  States— (Continued.) 

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embodying  the  latest  information  and  containing  the  last  touches  of  the  author's 
hand." — Cleveland  (Ohio)  Herald. 

"The  edition  of  1876  exhibited  no  little  pruning  and  correction:  but  the 
author  has  again  gone  over  the  entire  field,  and,  with  a  care  and  devotion  worthy 
of  the  theme  and  of  his  reputation,  has  wrought  what  he  says  must  be  his  last 
revision.  This  latest  edition  will  be  sought  by  many  who  have  for  years  been 
familiar  with  its  predecessors." — Utica  (N.  Y.)  Herald. 

"The  merits  of  this  standard  work  arc  too  well  known  to  need  recapitulation, 
and  the  present  edition  will  comprise  the  entire  original  work,  complete  in  six 
volumes,  and  published  at  half  die  price  of  the  original  edition.  On  the  whole, 
the  work  is  much  improved  in  its  new  dress  and  revised  form,  and  will  be  wel 
comed  by  all,  for  Bancroft's  history  of  cur  country  is  still  facile  princeps  among 
histories  of  our  land." — Chicago  Tribune. 

"On  comparing  this  work  with  the  corresponding  volume  of  the  'Centenary' 
edition  of  1876,  one  is  surprised  to  see  how  extensive  changes  the  author  has 
found  desirable,  even  after  so  short  an  interval.  The  first  thing  that  strikes  cne 
is  the  increased  number  of  chapters,  resulting  from  subdivision.  The  first  volume 
contains  two  volumes  of  the  original,  and  is  divided  into  thirty-eight  chapters  in 
stead  of  eighteen.  This  is  in  itself  an  improvement.  But  the  new  arrangement 
is  not  the  result  merely  of  subdivision :  the  matter  is  rearranged  in  such  a  man 
ner  as  vastly  to  increase  the  lucidity  and  continuousness  of  treatment.  In  the 
present  edition  Mr.  Bancroft  returns  to  the  principle  of  division  into  periods, 
abandoned  in  the  '  Centenary'  edition.  His  division  is,  however,  a  new  one.  As 
the  permanent  shapfe  taken  by  a  great  historical  work,  this  new  arrangement  is 
certainly  an  improvement." — The  Nation  (New  York). 

For  sale  by  all  booksellers  ;  or  sent,  post-paid,  on  receipt  of  price. 
New  York:  D.  APPLETOX  &  CO.,  Publishers,  1,  3,  &  5  Bond  Street. 


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